City of Lincoln v. Bud Moore, Inc.

Grant, District Judge.

Defendant occupied certain premises in Lincoln, Nebraska, beginning in January 1977. Defendant remodeled those premises, changing the use of the premises from the furnishing of “petroleum and service” to “gasoline and convenience sales.” Refrigeration units using electricity were installed. No such units had been used on the premises before. The remodeling was completed about March 15, 1977.

The existing meter on the premises was a four-digit meter, capable of recording consumption of electricity up to 9,999 kilowatt hours (KWH). Billings began on January 13, at which…