Liberty Rice Mill, Inc. v. City of Kaplan

674 So. 2d 395, 1996 La. App. LEXIS 1071, 1996 WL 230793
CourtLouisiana Court of Appeal
DecidedMay 8, 1996
DocketNo. 95-1656
StatusPublished
Cited by1 cases

This text of 674 So. 2d 395 (Liberty Rice Mill, Inc. v. City of Kaplan) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liberty Rice Mill, Inc. v. City of Kaplan, 674 So. 2d 395, 1996 La. App. LEXIS 1071, 1996 WL 230793 (La. Ct. App. 1996).

Opinion

hWOODARD, Judge.

Liberty Rice Mill, Inc., sued the defendants, claiming it was the victim of an unreasonable and discriminatory electric utility rate increase. The trial court found for the defendants, and Liberty appeals the decision. We affirm.

FACTS

These legal proceedings stem from the adoption of an ordinance, on February 28, 1989, by the Mayor and the Board of Aider-men of the City of Kaplan, which changed the electric utility rate structure of Liberty Rice Mill. Prior to that enactment, Liberty and Garan, Inc., a local garment manufacturer, were in the same classification and paid the same 8.7 cents per kilowatt hour rate. The 1989 ordinance reduced Garan’s rate from 8.7 to 8.0 cents, while simultaneously increasing Liberty’s from 8.7 to 9.4 cents.

Liberty filed a petition for a declaratory judgment on April 29, 1992, later amending it to include a demand for damages, and named as defendants the City of Kaplan, its Mayor, and its Board of Aldermen, individually and in their official |2capacity. Liberty alleged that the 0.7 cents rate increase to it coupled with the 0.7 cents decrease to Garan was unreasonable and discriminatory. The requested monetary damages are the total amount of extra electric utility cost Liberty has paid since the ordinance was adopted.

The parties stipulated as to the facts in the case, and the matter was tried March 2-3, 1995. The trial judge issued his reasons for ruling April 20, 1995, finding that Liberty had not been the subject of unreasonable discrimination. Liberty appeals that decision, asserting that the trial court should have found that the increase in its utility rate was unreasonably discriminatory and should have awarded damages.

LAW & DISCUSSION

Liberty asserts that the classification and rate schedule imposed through Ordinance No. 1 of 1989, which subdivided the prior Large General Service classification into three categories based on the number of employees, is unreasonable and discriminatory. Evidence was adduced in proceedings below that showed that although the cost to deliver electricity to Liberty is about the same as the cost of delivering electricity to Garan, Liberty has to pay for its electricity at a higher rate (17.5% higher) than Garan. No one really disputes this. The defendants do point out, though, that Liberty really received an overall reduction in its cost of electricity by the reclassification, when the removal of additional “demand” or “load” charges is factored in. Liberty’s decrease is just not as large as Garan’s. Notwithstanding, that does not change the gravamen of Liberty’s complaint, which is that its rate change is unreasonably discriminatory.

The evidence in the record also makes it clear that the reason the rates were restructured is that Garan, one of the largest employers in the City of Kaplan, threatened to relocate if its rates were not reduced. The defendants were naturally very concerned about the effect the closing of a large employer, like Garan’s, in Kaplan would have on the small community. Nonetheless, when Liberty asked for the same consideration given Garan, the defendants refused, stating that the city could not afford the loss of revenue that would result if it gave both the same rate.

The heart of the issue for this court to decide is, very simply put, can the city structure its rates for such reasons? The district court in a well-reasoned, well-written opinion concluded that it could. We affirm.

_jjA special difficulty for a court in the area of municipal utility rate fixing is that there is no statutory or administrative law scheme and very little jurisprudence on the subject of municipal utility rate discrimination, and no case on point. The leading Louisiana case is Hicks v. City of Monroe Utilities Commission, 237 La. 848, 112 So.2d 635 (1959). The [397]*397issue in Hicks was whether the city could charge more for water to customers outside the city limits who took water services only than it did to customers also outside the city who took both water and electricity services. In deciding that it could not, the court in Hicks articulated the principles which guide appellate review analysis of cases in this area of the law.

A municipal corporation has two classes of powers, one public and the other private in character. Id. In its private or proprietary functions, it is held to the same responsibility as is a private corporation. Id. As a utility provider, it is acting in its private or proprietary role, and one of its principal obligations in that capacity is the same as a private utility corporation: to serve its customers at a reasonable and nondiscriminatory rate. Id. Although obligated to maintain a uniform and nondiscriminatory rate among its customers, a municipal corporation operating a public utility nevertheless has the right to make a reasonable classification of its customers, and to charge a different rate according to the classification, based upon such factors as the cost of the service, the purpose for which the service is received, the quantity or amount received, the different character of the service provided, the time of its use, or any other matter which presents a substantial difference as a ground of distinction. Id. The mere fact that various classes of users are charged different rates is not in and of itself sufficient to constitute unjust discrimination. Id. It is not enough that the rate structure between the classes is discriminatory; it must be unreasonably discriminatory in light of the factors cited above. Id.

The court in Hicks held that making the water rates for customers not subscribing to the city’s electricity services four times higher (in our case, it is 17.5%) than those customers subscribing to both water and electricity services was unreasonable, capricious, arbitrary, oppressive, and discriminatory, and the rate could not be sustained since the basis for the classification was entirely collateral to and unconnected with the particular service being provided. Id.

Defendants’ position is that structuring rates with the goal of the retaining jobs and promoting economic development constitutes “any other matter which presents |4a substantial difference as a ground of distinction” under the Hicks standard and is a proper and reasonable consideration. Plaintiff argues that the only consideration should be the “historical, proven standards for electrical rate fixing ... cost of service provided and quantity of customer’s use_” Liberty also seems to be laboring under the impression that municipalities are held to the same administrative rules and regulations and procedures as the Public Service Commission. It cites no authority for its belief, and we are at a loss to justify it, were we disposed to do so, nor does it provide evidence demonstrating that defendants’ position is baseless or bogus. We point out that Liberty had a trial of the matter, in which it had the right and opportunity to present any and all the admissible evidence it wanted to and to establish whatever record it deemed necessary, as it would have were this before the Public Service Commission, whose decision would have been reviewable by a district court.

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Opinion Number
Louisiana Attorney General Reports, 2002

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674 So. 2d 395, 1996 La. App. LEXIS 1071, 1996 WL 230793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberty-rice-mill-inc-v-city-of-kaplan-lactapp-1996.