Legal Opinion
City of Fort Morgan v. Colorado Public Utilities Commission
Supreme Court of Colorado
Decided April 23, 2007No. 06SA118PublishedCited by 4 opinions
1Opinion of the CourtJustice Hobbs
In this appeal from the Morgan County District Court pursuant to section 40-6-115(5), C.R.S. (2006), we review and reverse a judgment of the district court setting aside a decision of the Public Utilities Commission ("PUC" or "Commission).1
Because the City of Fort Morgan, a home rule city, owns and operates a natural gas utility within its boundaries, the district court ruled that the PUC lacked jurisdiction to issue a certificate of public convenience and necessity ("CPCN") to another public utility for the operation of a natural gas pipeline serving two industrial customers within the City.
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2Cases cited19 opinions
- AviComm, Inc. v. Colorado Public Utilities CommissionSupreme Court of Colorado · 1998
- City & County of Denver v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1919
- Town of Holyoke v. SmithSupreme Court of Colorado · 1924
- City and County of Denver v. Qwest Corp.Supreme Court of Colorado · 2001
- Poudre Valley Rural Electric Ass'n v. City of LovelandSupreme Court of Colorado · 1991
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3Cited by4 opinions
- Board of County Commissioners of the County of San Miguel v. Colorado Public Utilities CommissionSupreme Court of Colorado · 2007
- Board of County Commissioners of the County of San Miguel v. Colorado Public Utilities CommissionSupreme Court of Colorado · 2007
- Colorado Office of Consumer Counsel v. Colorado Public Utilities CommissionSupreme Court of Colorado · 2012
- Portuondo v. AgardSupreme Court of the United States · 2000