Pacificorp v. City of Ashland

I agree with the majority that, in the present posture of the case, where it has not actually exercised its authority to regulate or exclude, the city is subject to and in violation of the allocation statutes when acting as a provider of utility services in territory allocated exclusively to plaintiff. It is necessary to remand the first claim for disposition of the factual disputes identified in the majority opinion. I do not concur with the majority’s disposition of plaintiffs second claim because I do not agree that the city has condemnation authority over plaintiffs property that is…