Northern Electric Cooperative, Inc. v. Northwestern Public Service Co.

I agree with the majority opinion insofar as it affirms the trial court’s judgment that the matter must be remanded to the Public Utilities Commission for a redetermination of the service boundaries.

I do not agree, however, that the exclusive rights provision of SDCL 49-34A-42 must yield to the guidelines of SDCL 49-34A-44. The issue was not raised in the assignment of errors nor was it discussed in appellants’ brief.

The application of the equidistant concept set forth in SDCL 49-34A-43 is made subject to the explicit exception set forth in SDCL 49-34A-44. I see no such specific exception…