Eldridge City Utilities v. Iowa State Commerce Commission

HARRIS, Justice.

The question is whether a statutory provision for transfer of utility property continued after the statute was repealed. The district court, overturning a determination by the commerce commission, held the provision did continue. We disagree and reinstate the decision of the commission.

Often a city annexes territory in which utilities previously had been provided by a utility company not franchised by the city. Conflicts are apt to occur in these circumstances over the future distribution of utilities in the annexed territory. Iowa has treated the problem in varying ways.…