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Arizona Corporation Commission v. Tucson Gas, Electric Light & Power Co

Supreme Court of Arizona

February 20, 1948

ARIZONA CORPORATION COMMISSION et al.
v.
TUCSON GAS, ELECTRIC LIGHT & POWER CO

Appeal from Superior Court, Maricopa County; M. T. Phelps, Judge.

Suit by the Tucson Gas, Electric Light & Power Company, a corporation, against the Arizona Corporation Commission, and Wilson T. Wright and others, as members of and constituting the Arizona Corporation Commission, to set aside and annul certain orders of the commission. From a judgment vacating the commission's orders, the commission and its members appeal.

Judgment reversed with instructions to sustain motion to dismiss complaint.

Evo De Concini, Atty. Gen., and Chas. D. McCarty, Asst. Atty. Gen., for appellants.

Jennings, Strouss, Salmon & Trask, J. A. Riggins, Jr., Henry S. Stevens and Burr Sutter, all of Phoenix and Darnell, Robertson & Holesapple, of Tucson, for appellee.

Conner & Jones, of Tucson, amicus curiae.

Stanford, Chief Justice. LaPrade and Udall, JJ., concurring.

OPINION

Stanford, Chief Justice.

[67 Ariz. 13] This case comes here on appeal from the Superior Court of Maricopa County from a judgment of that court vacating, setting aside and annulling certain orders of the Corporation Commission of the State of Arizona made on the complaint of Albert S. Oshrin, Carl Racklyeft, the 11th Naval District of the U.S. Navy Department, and

Page 908

others, asking that they be served with gas and electricity from The Tucson Gas, Electric Light and Power Company, a corporation [67 Ariz. 14] (appellee herein) which is a public utility serving the City of Tucson and vicinity.

The order of the Corporation Commission, which was vacated by the Superior Court, required that the appellee herein make such capital additions, improvements and extensions necessary to serve the parties applying for such service.

The Corporation Commission apparently knew it had no right to construe the constitutionality of Section 27-916, A.C.A. 1939, it being its duty to assume that the law was constitutional. Therefore, when it was appealed to by Albert S. Oshrin and others, asking that they be served with gas and electricity the Commission ordered The Tucson Gas, Electric Light and Power Company to render such service upon the premise that the courts would do justice to the utility by not taking its property without just compensation.

The order and judgment of the Superior Court was based on the grounds that the order of the Arizona Corporation Commission in granting the request of the applicants for service, as above stated, resulted in taking property without just ...


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