Justia Utilities Law Opinion Summaries

The Supreme Court affirmed the judgment of the district court finding that the Village of Dorchester was entitled to summary judgment on REO Enterprises, LLC's claims remaining on remand, holding that there was no error.At issue was an ordinance enacted by the Village providing that renters of property could receive utility services from the village only if their landlord guaranteed that the landlord would pay any unpaid utility charges. REO brought this action seeking a declaration that the ordinance was unenforceable. The district court declared that the ordinance violated constitutional equal protection principles, but the Supreme Court reversed and remanded for consideration of REO's other claims. On remand, the district court granted summary judgment in favor of the Village on the remaining claims. The Supreme Court affirmed, holding that the district court did not err in granting summary judgment in favor of the Village. View "REO Enterprises, LLC v. Village of Dorchester" on Justia Law

The Supreme Court affirmed the order of the Public Service Commission (PSC), which approved the application of Black Hills Nebraska Gas, LLC seeking an enlargement or extension of its natural gas mains in Sarpy County, holding that there was no error.On appeal, the Metropolitan Utilities District (MUD) contended that Black Hills' application was contrary to a 2010 order that MUD argued conclusively established that it was in the public interest for MUD to provide natural gas service to the area at issue in the application. The Supreme Court disagreed and affirmed, holding that the PSC had authority to determine the public interest with respect to the current application. View "In re Application No. P-12.32 of Black Hills Nebraska Gas, LLC" on Justia Law

The Supreme Court reversed the decision of the Nebraska Power Review Board (Board) transferring two newly annexed territories from the Elkhorn Rural Public Power District (ERPPD) to the City of Neligh’s electrical service area and assessing the economic impact at $490,445.90. At issue on appeal was what compensation was owed to ERPPD for reintegration costs under Neb. Rev. Stat. 70-1010(2)(b). The Court held that the Board’s actions were arbitrary, capricious, and unreasonable because the Board erred in failing to award compensation for reintegration costs under section 70-1010(2)(b) to ERPPD for the lost substation unit. View "In re Application of City of Neligh" on Justia Law