Fanning v. Mapco, Inc.

I concur in the result but for reasons other than those given in Division III. The ground upon which the decision is made in Division III allows a pipeline company to change the basic nature of its permit. Such an extension of power to privately operated common carrier pipeline companies is improper.

I. The real fighting point between the parties to this appeal is whether the damages were to be measured by defendant’s authority to install a pipeline or pipelines. At trial the court held that because of an ambiguity in defendant’s application the damages were to be measured as though •…