Legal Opinion

In Re Declaratory Ruling Filed for Clay-Union Electric Corp.

South Dakota Supreme Court

Decided December 30, 1980No. 12919PublishedCited by 18 opinions

1Opinion of the Court

YOUNG, Circuit Judge.

This appeal arises from an order of the circuit court that reversed a declaratory ruling of the Public Utilities Commission (PUC) awarding Clay Union Electric Corporation (CUEC) the right to provide retail electric service to Alumax Extrusions Inc. (Alumax) near Yankton, South Dakota. CUEC appeals from that order. We affirm.

Appellant CUEC is a rural electric cooperative. Appellee Northwestern Public Service Company (NWPS) is an investor-owned electric utility. Both utilities provide electric service at retail in Yankton County, South Dakota. Prior to 1973, the parties…

2Cases cited5 opinions

  1. Piper v. Neighborhood Youth Corps.South Dakota Supreme Court · 1976
  2. Huffman v. BD. OF ED. OF MOBRIDGE IND. SCH. DIST., ETC.South Dakota Supreme Court · 1978
  3. South Dakota Public Utilities Commission v. Otter Tail Power Co.South Dakota Supreme Court · 1980
  4. North Central Investment Co. v. Vander VorsteSouth Dakota Supreme Court · 1965
  5. In re Montana-Dakota Utilities Co. for Authority to Establish Increased Rates for Electric ServiceSouth Dakota Supreme Court · 1979

3Cited by18 opinions

  1. Petition of Famous Brands, Inc.South Dakota Supreme Court · 1984
  2. Dakota Harvestore Systems, Inc. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 1983
  3. Barkdull v. Homestake Mining Co.South Dakota Supreme Court · 1982
  4. In Re West River Elec. Ass'n, Inc.South Dakota Supreme Court · 2004
  5. Matter of Ackerson, Karlen & SchmittSouth Dakota Supreme Court · 1983

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