Dunmar Investment Co. v. Northern Natural Gas Co.

This action tests the right of defendant Northern Natural Gas Company to use the subsurface of the streets of the city of Omaha for pipes conveying steam and refrigerated water without first securing a franchise. Judgment for defendants was entered in the trial court. We affirm the judgment of the trial court.

For convenience, defendants Northern Natural Gas Company, - Metropolitan Utilities District of Omaha, and the City of Omaha will be hereinafter respectively referred to as Northern, M.U.D., and City.

Northern constructed and operates a plant in downtown Omaha which supplies steam and…