Legal Opinion
General Telephone Co. of the Northwest, Inc. v. City of Bothell
Washington Supreme Court
Decided April 3, 1986No. 51433-0PublishedCited by 45 opinions
1Opinion of the CourtAndersen, J.
Facts of Case
At issue in this case is whether a public utility's tariff preempts contradictory provisions of subsequently enacted city ordinances.
On May 5, 1971, the Washington Utilities and Transportation Commission (WUTC) adopted WAC 480-120-076, which provides that "[e]ach telephone utility shall set forth in its tariff its conditions for providing underground facilities." In 1972, General filed a tariff requiring a customer requesting underground facilities to pay the difference in cost between installing aerial and underground facilities. In 1977, General amended its tariff to pass the…
2Cases cited20 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Louthan v. King CountyWashington Supreme Court · 1980
- Neils v. City of SeattleWashington Supreme Court · 1936
- City of Bellevue v. StateWashington Supreme Court · 1979
- Allen v. General Telephone Co. of Northwest, Inc.Court of Appeals of Washington · 1978
15 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- City of Tacoma v. Taxpayers of City of TacomaWashington Supreme Court · 1987
- State v. KintzWashington Supreme Court · 2010
- State v. KintzWashington Supreme Court · 2010
- City of Auburn v. Qwest Corp.Court of Appeals for the Ninth Circuit · 2001
- Washington Public Utility Districts' Utilities System v. Public Utility District No. 1Washington Supreme Court · 1989
40 more not listed; retrieve them via the Exa API.