New Heights Recovery & Power, LLC v. Bower

The issue in this case is whether plaintiffs have a constitutionally-protected interest in the continuation of a specific rate of reimbursement for electricity generated and sold to a public utility company. The trial court concluded that such rights existed and prohibited application of a legislative enactment abolishing that rate. Because we conclude that a specific rate of reimbursement once mandated by the legislature does not create a constitutionally protected interest in the continuation of that rate, we reverse.

Plaintiffs, New Heights Recovery & Power, LLC, CGE Fulton, LLC, the…