Legal Opinion
Southwest Gas Corp. v. Mohave County
Court of Appeals of Arizona
Decided June 5, 1997No. 1 CA-CV 96-0347PublishedCited by 7 opinions
1Opinion of the Court
OPINION
KLEIN SCHMIDT, Judge.
The question in this case is whether a county has the authority to charge a public utility a fee as a condition of granting the utility a franchise to place its transmission lines under county roads and highways. We hold that a county does not have the power to charge such a fee because the legislature has not expressly conferred that power on counties, and it is not a power which is necessarily implied from the right to grant a franchise.
FACTS AND PROCEDURAL HISTORY
Southwest Gas Corporation provides natural gas service to customers in Mohave County. Arizona law…
2Cases cited22 opinions
- United States v. JonesCourt of Appeals for the Seventh Circuit · 1953
- Harris Trust & Savings Bank v. DonovanIllinois Supreme Court · 1991
- City of Little Rock v. AT&T COMMUNICATIONS OF SOUTHWEST, INC.Supreme Court of Arkansas · 1994
- Associated Dairy Products Co. v. PageArizona Supreme Court · 1949
- Gilbert v. CraddockSupreme Court of Kansas · 1903
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3Cited by7 opinions
- State v. PayneCourt of Appeals of Arizona · 2009
- City of Lakewood v. Pierce CountyCourt of Appeals of Washington · 2001
- City of Lakewood v. Pierce CountyCourt of Appeals of Washington · 2001
- HOME BUILDERS ASS'N v. City of MaricopaCourt of Appeals of Arizona · 2007
- Home Builders Association v. City of MaricopaCourt of Appeals of Arizona · 2007
2 more not listed; retrieve them via the Exa API.