City of Grand Island v. Southern Nebraska Rural Public Power District

527 N.W.2d 864, 247 Neb. 446, 1995 Neb. LEXIS 48
CourtNebraska Supreme Court
DecidedMarch 3, 1995
DocketS-93-511
StatusPublished
Cited by19 cases

This text of 527 N.W.2d 864 (City of Grand Island v. Southern Nebraska Rural Public Power District) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Grand Island v. Southern Nebraska Rural Public Power District, 527 N.W.2d 864, 247 Neb. 446, 1995 Neb. LEXIS 48 (Neb. 1995).

Opinion

Fahrnbruch, J.

Southern Nebraska Rural Public Power District (Southern) claims that the Nebraska Power Review Board (Board) erred when it denied Southern compensation for a part of Southern’s power service area which was transferred to the City of Grand Island (City).

We affirm the denial of compensation to Southern.

This appeal was originally filed with the Nebraska Court of Appeals. It was removed to this court pursuant to our authority to regulate the caseloads of the appellate courts.

STATEMENT OF THE FACTS

Ponderosa Lake Estates subdivision was platted as an addition to the City. On November 7, 1991, the subdivision was included within the incorporated limits of the City. A portion of the subdivision was located within Southern’s power service area.

On October 27, 1992, the City filed an application with the Board to have that portion of the subdivision located within Southern’s power service area transferred to the City’s power service area. On April 21, 1993, a hearing was held before the Board. Southern conceded the City’s right to have the annexed property in Southern’s power service area transferred to the City’s power service area. However, Southern contended that *448 the City must pay compensation for the taking of the service area transferred to the City.

It is undisputed that Southern has no powerlines, facilities, or customers located within the area annexed by the City. Nevertheless, Southern contends that it should be compensated for the loss of its right to serve such area. C. J. Hoke, Southern’s general manager, testified that Southern, for the next 10 years, should receive 25 percent of the gross revenue the City will receive from providing electrical service to the inhabitants in that portion of the subdivision transferred to the City. This request was based upon a formula developed by the South Dakota Legislature.

The Board granted the City’s request to transfer Southern’s service area in the subdivision to the City and denied Southern’s request for compensation. Southern timely filed this appeal.

ASSIGNMENTS OF ERROR

Restated, Southern claims that the Board acted arbitrarily and unreasonably (1) in refusing to determine the total economic impact on Southern by the transfer of a portion of Southern’s service area to the City, and (2) in failing to establish the amount of compensation the City should pay to Southern for the loss of Southern’s right to serve the power needs within the area transferred to the City.

STANDARD OF REVIEW

A decision of the Nebraska Power Review Board will be affirmed on appeal if it is supported by evidence in the record and is not arbitrary, capricious, or otherwise illegal. In re Application of City of Lexington, 244 Neb. 62, 504 N.W.2d 532 (1993).

ANALYSIS

The first of Southern’s assignments of error claims that the Board acted arbitrarily and unreasonably in refusing to determine the total economic impact on Southern by the transfer of the portion of Southern’s certified service area to the City.

Southern argues that even though it had no facilities or customers located within the portion of property annexed by the City, under Neb. Rev. Stat. § 70-1010(2) (Reissue 1990), it is *449 entitled to compensation for the taking of its loss of right to serve within such area. Essentially, Southern is claiming that the Board misinterpreted the applicable statutes.

Statutory interpretation is a matter of law in connection with * which an appellate court has an obligation to reach an independent, correct conclusion irrespective of the determination made by the court below. Grady v. Visiting Nurse Assn., 246 Neb. 1013, 524 N.W.2d 559 (1994); No Frills Supermarket v. Nebraska Liq. Control Comm., 246 Neb. 822, 523 N.W.2d 528 (1994). When asked to interpret a statute, a court must determine and give effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense. In re Guardianship & Conservatorship of Bloomquist, 246 Neb. 711, 523 N.W.2d 352 (1994); Durand v. Western Surety Co., 245 Neb. 649, 514 N.W.2d 840 (1994).

In the absence of anything to the contrary, statutory language is to be given its plain and ordinary meaning; an appellate court will not resort to interpretation to ascertain the meaning of statutory words which are plain, direct, and unambiguous. No Frills Supermarket, supra; State ex rel. Wieland v. Beermann, 246 Neb. 808, 523 N.W.2d 518 (1994).

The components of a series or collection of statutes pertaining to a certain subject matter may be conjunctively considered and construed to determine the intent of the Legislature so that different provisions of the act are consistent, harmonious, and sensible. In re Application of City of Lincoln, 243 Neb. 458, 500 N.W.2d 183 (1993). See Grady, supra.

The City is a municipality that owns and operates its own electric system that serves the inhabitants of the municipality. The City has a statutory right to serve areas within its corporate limits, which includes newly annexed areas. Neb. Rev. Stat.

§ 70-1008(2) (Reissue 1990) provides in part: “A municipally owned electric system, serving such municipality at retail, shall have the right, upon application to and approval by the [Nebraska Power Review Board], to serve newly annexed areas of such municipality.”

Neb. Rev. Stat. § 16-120 (Reissue 1991) requires a city to furnish city services to newly annexed areas within 1 year after *450 annexation. Section 16-120 provides:

The inhabitants of territories annexed to such city shall receive substantially the services of other inhabitants of such city as soon as practicable. Adequate plans and necessary city council action to furnish such services shall be adopted not later than one year after the date of annexation, and such inhabitants shall be subject to the ordinances and regulations of such city, except that the one-year period shall be tolled pending final court decision in any court action to contest such annexation.

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Bluebook (online)
527 N.W.2d 864, 247 Neb. 446, 1995 Neb. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-grand-island-v-southern-nebraska-rural-public-power-district-neb-1995.