East West Resort Transportation, LLC v. Binz

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Plaintiff East West Resort Transportation (“CME”) and defendants Ron Binz, Polly Page and Carl Miller, Commissioners of the Public Utility Commission of Colorado, (defendants will be referred to herein as “the Commission”) filed cross-motions for summary judgment on CME’s claims that the Commission’s efforts to regulate its rates are preempted by federal law and violate the Commerce Clause, Article I, § 8 of the United States Constitution. For the reasons stated below, CME’s motion is GRANTED and the Commission’s motion is DENIED.

I.…