[Download] "Highway Comn v. Rural Elec. Assn" by Supreme Court of the United States # eBook PDF Kindle ePub Free
eBook details
- Title: Highway Comn v. Rural Elec. Assn
- Author : Supreme Court of the United States
- Release Date : January 18, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appellant State Highway Commission of Wyoming (Commission) challenges an order dismissing its petition for declaratory relief against appellee Sheridan-Johnson Rural Electrification Association (Sheridan-Johnson), and granting summary judgment to Sheridan-Johnson. The Commission sought to establish that Sheridan-Johnson was responsible for the costs of relocating all of its power transmission facilities from state highway lands that it occupied under a 1972 license granted by the Commission. Condition No. 2 in that license states that any relocation of facilities within the existing right-of-way will be completed without cost to the Commission. The district court found that the term "existing right-of-way" referred only to the sixty-six foot wide strip underlying U.S. Highway 16-14, and not to the parallel strip of land acquired by the Commission in 1954 for future improvements. Reasoning that the Commission could have expressly required relocation of all poles without cost if that was its intent, the court held that Sheridan-Johnson was not liable for the cost of relocating the utility poles from state property covered by the license, but outside the sixty-six foot strip.
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