Citizens Utilities Company v. City of Rocky Ford

Plaintiff in error Citizens Utilities Company is a corporation authorized and qualified as a foreign corporation to do business in the State of Colorado. It is engaged in the business of distributing natural gas in the State of Colorado, and particularly in the city of Rocky Ford, which is a city of the second class and not a home rule city.

For some time prior to September 8, 1954, defendants in error had entertained the idea of promoting a plan for a municipally owned gas distribution system by acquiring by purchase or condemnation, the system operated by plaintiff Utilities Company, or by…