Uhlmann v. Wren

YALE McFATE, Superior Court Judge

(specially concurring) :

I concur in the majority holding that the District may lawfully construct the lines in question. However, I disagree with the reasons stated for such holding and I concur with the opinions expressed by Justice Bernstein that the exchange power to be transmitted over the petitioners’ lands is not “surplus” power within the meaning of § 45-903, subsection A, paragraph 7 A.R.S.

I am unable to concur with either the opinion of the majority or with that of Justice Bernstein as to the status of the District in relation to its power activities…