eBook details
- Title: City Logan v. Utah Power & Light Company
- Author : Division Two Court of Appeals of Washington
- Release Date : January 25, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Utah Power & Light ("UP&L") appeals from a decision of the first district court ordering UP&L, upon payment of $117,000 by the City of Logan, to transfer to Logan title in and use of UP&Ls electrical distribution facilities located in a previously unincorporated portion of Cache County that has been annexed by Logan. UP&L claims that the compensation ordered by the trial court pursuant to section 10-2-424 of the Utah Code is less than that required by both the fifth and fourteenth amendments of the United States Constitution and article I, section 22 of the Utah Constitution. We agree. We construe section 10-2-424 to require payment of compensation to UP&L in an amount that would be due under article I, section 22 and find that the trial court did not so read section 424. We reverse the trial courts award of $117,000 to UP&L and instate the parties stipulated amount of $434,987. We rescind the trial courts transfer of title to Logan and remand for a determination of that issue.