Opinion

US West Communications, Inc. v. Public Utilities Commission

  • 505 N.W.2d 115
  • 1993 S.D. LEXIS 103
  • 1993 WL 303782
Court
South Dakota Supreme Court
Filed
Aug 11, 1993
Status
Published
Author
Amundson
On the bench
Miller, Henderson, Sabers, Amundson, Fitzgerald, Wuest
Cited by
67 cases

The opinion

*129 AMUNDSON, Justice

(concurring specially)-

I concur in total with the majority’s position on Issue I that there is no statutory authority for the establishment of a monopoly for the benefit of SDN. . .

On Issue II, I concur with the understanding of the majority position being that the PUC can require USWC to connect its lines to SDN’s exchange, but this does not foreclose USWC from using its own facilities for carrying its generated traffic to the SDN member exchanges already in place. Otherwise, would we not be granting á monopoly to SDN.

Finally, I concur on Issue III to the extent that USWC should be allowed to seek compensation for any regulatory taking for so long as the monopoly granted by the PUC was in effect.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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