Union Rural Electric Ass'n v. Town of Frederick

ERICKSON, Chief Justice.

We granted certiorari to review Union Rural Electric Association, Inc. v. Town of Frederick, 629 P.2d 1093 (Colo.App.1981). The issue on appeal is whether a municipali ty’s extension of electric service to new customers within an annexed area constitutes a taking without due process of law of a public utility’s pre-existing right to service a certificated area. The Court of Appeals upheld the district court’s denial of injunctive relief to the petitioner, Union Rural Electric Association, Inc. (Union), a public utility. We affirm.

I

Union is an electric utility serving…