Tri-County Electric Ass'n v. City of Gillette

RAPER, Justice.

The plaintiff-appellant public utility (hereafter Tri-County), selling electricity, claimed in its declaratory judgment action filed in the district court that defendant-ap-pellee City (hereafter Gillette), a municipality authorized to sell electricity to its inhabitants, was invading its territory. The district court found that Gillette had the “exclusive right to serve electrical customers *998within the City of Gillette and to grant franchises within its boundaries.” The trial court further found that Gillette “may take over Plainitiffs [sic] facilities only upon paying just…