# Southwestern Bell Telephone Co. v. Public Utility Commission

> Texas Supreme Court · July 26, 1978 · 21 Tex. Sup. Ct. J. 545

URL: https://www.frixlaw.com/law-library/cases/9774273

## Case

- **Full name:** SOUTHWESTERN BELL TELEPHONE COMPANY, Petitioner, v. PUBLIC UTILITY COMMISSION of Texas Et Al., Respondents
- **Court:** Texas Supreme Court
- **Decided:** July 26, 1978
- **Citations:** 21 Tex. Sup. Ct. J. 545; 571 S.W.2d 503; 26 P.U.R.4th 61; 1978 Tex. LEXIS 391; 1978 WL 391818
- **Precedential status:** Published
- **Opinion:** Dissent by Chadick
- **Judges:** Johnson, Chadick
- **Cited by:** 73 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9774273

## Opinion text

CHADICK, Justice,
dissenting.
I am compelled to dissent. The Public Utility Regulatory Act, Tex.Rev.Civ.Stat. Ann. art. 1446c, § 69, provides: “Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule. The issue of confiscation shall be determined by a preponderance of the evidence.” (emphasis added) The majority has no warrant in precedent for holding that the Legislature violated the State Constitution by according the Telephone Company a jury trial, if requested, for determination of ultimate facts underlying the issue of confiscation. It may be that if any person or entity is to be deprived of their or its constitutional rights the Legislature and the Telephone Company would be a good place to start, but I am not agreeable to doing so. I think the Legislature can prescribe a jury trial on the confiscation issue and the Telephone Com *517 pany can claim a right to a jury trial. I would affirm the Court of Civil Appeals.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9774273. Public record. Not legal advice.