Porter v. Southwestern Public Service Company

REYNOLDS, Justice.

The presented issue is whether on abstract principle a public utility’s power of eminent domain is superior to the zoning ordinance of a home-rule city. We hold that it is not, and this determination requires a reversal of the trial court’s judgment of dismissal.

Appellee Southwestern Public Service Company, hereinafter referred to as SPS, was granted a building permit by the City of Amarillo, a home-rule city. SPS purchased a tract of land in an area of the city zoned for single family dwellings, and started construction of an electrical substation thereon. When the…