Smith v. City of Owatonna

450 N.W.2d 309, 113 P.U.R.4th 85, 1990 Minn. LEXIS 27, 1990 WL 2654
CourtSupreme Court of Minnesota
DecidedJanuary 19, 1990
DocketC5-88-1789
StatusPublished
Cited by4 cases

This text of 450 N.W.2d 309 (Smith v. City of Owatonna) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. City of Owatonna, 450 N.W.2d 309, 113 P.U.R.4th 85, 1990 Minn. LEXIS 27, 1990 WL 2654 (Mich. 1990).

Opinions

SIMONETT, Justice.

Plaintiff property owners, in this appeal, raise constitutional challenges to the municipally-owned utility’s actions in requiring them to pay the cost of installing service lines to connect to the city’s new replacement gas mains.

Beginning in 1980 the City of Owatonna, by its Public Utilities Commission, began a program of upgrading only low pressure gas mains. On two streets the old mains were replaced with new low pressure gas mains. Next, in 1984, the old low pressure mains on Main Street were replaced with high pressure mains. The property owners on Main Street, including the plaintiffs here, received a letter from the city engineer advising them that they would be responsible, at their own expense, for hiring a plumber and installing the service line from their properties to the new high pressure main. Property owners on the previous projects had also been required to pay for their service lines, but the high pressure line involved the additional expense of installing a pressure reducing regulator and meter on the outside of the buildings. Pursuant to the city’s directive, plaintiff Therese M. Smith installed the new service line and regulator at a cost of $948.07, and plaintiffs William and Norma Cawley did the same for their property at a cost of $1,400.

A year later, in 1985, the Commission installed new ■ high pressure mains on School Street but the City, not the property owners, paid for the service lines and regulators. The Commission explained it was absorbing this expense because it was experimenting with plastic piping, and wanted to certify its own installers to use the new product.

In July 1985 plaintiffs commenced this lawsuit against the City claiming that its action in compelling them to abandon their old yet adequate low pressure service lines and to install a new high pressure service line at their own expense violated their constitutional rights under the federal and state constitutions. They claimed (a) a deprivation of property without due process; (b) a “taking” without just compensation; and (c) a denial of equal protection.

Prodded by the lawsuit and the foot-dragging of other complaining property owners, the City, in 1986, changed its policy. It elected thereafter to pay the cost of replacing all service lines. Later that year, the City paid the cost of service lines to a new high pressure main replacement on Grove Street.

The trial court found that the previously existing low pressure gas main on Main Street had been adequate to meet the needs of the properties involved. The court also found the new high pressure mains afforded certain operational advantages to the Commission and perhaps to the City as a whole, although they conferred no direct benefit to plaintiffs. The trial court ruled that plaintiffs had been denied procedural due process; that requiring plaintiffs to pay the cost of their service lines was arbitrary and capricious; and that plaintiffs had been deprived of a “property interest in their respective gas services” without just compensation. The trial court awarded Therese M. Smith $948.07 and the Caw-leys $1,400, plus attorney fees.

On appeal, the court of appeals (2-to-l) reversed, ruling that plaintiffs were not entitled to recover on any of the three theories they asserted. Smith v. City of Owatonna, 439 N.W.2d 36 (Minn.App.1989). We granted plaintiffs’ petition for further review. We also granted the State of Minnesota and its Department of Public Service and the Energy Cents Coalition leave to file amicus briefs.

[311]*311I.

The first issue is whether plaintiffs were deprived of a property interest without due process. We think not.

The threshold (and dispositive) question is whether plaintiffs have a “property interest” entitled to due process protection. The United States Supreme Court has eliminated the distinction between property and privilege. The test whether a person has asserted a property right is whether the plaintiff has asserted a legitimate claim of entitlement to a government benefit. Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972). See Snyder v. City of Minneapolis, 441 N.W.2d 781, 791 (Minn.1989). The source of entitlements, i.e., property rights protected by due process standards, is state or federal law: “Property interests, of course, are not created by the Constitution. Rather, they are. created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — -rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.” Roth, 408 U.S. at 577, 92 S.Ct. at 2709.

Thus in Memphis Light, Gas & Water Division v. Craft, 436 U.S. 1, 11-12, 98 S.Ct. 1554, 1561, 56 L.Ed.2d 30 (1978), because Tennessee’s decisional law indicated that gas and electric services could only be terminated for just cause, the United States Supreme Court held that the plaintiffs had an entitlement interest protected by due process standards. Before service to a customer could be discontinued for nonpayment of a bill, due process required notice of how to challenge the bill and an opportunity for a predeprivation hearing on the past due charges. Id. at 14-15, 18, 98 S.Ct. at 1562-63, 1564.

Our state law, too, affords protection to utility customers to whom service is denied or threatened with disconnection. In Cascade Motor Hotel, Inc. v. City of Duluth, 348 N.W.2d 84, 85 (Minn.1984), we held unenforceable a Duluth ordinance requiring new applicants for utility services to pay the past due bills of the former owner of the premises. See also, e.g., Siegel v. Minneapolis Gas Co., 271 Minn. 127, 129, 135 N.W.2d 60, 62 (1965) (utility company may adopt regulations for terminating service to customers in default, implying services cannot be terminated without a reason). Thus, Judge Diana Murphy in Freeman v. Hayek, 635 F.Supp. 178, 182-83 (D.Minn.1986), construing our case law, held that Minnesota users of water and sewage utilities had “a legitimate claim of entitlement at least equivalent to that of the plaintiffs in [Craft ].” Accord Lamb v. Hamblin, 57 F.R.D. 58, 61 (D.Minn.1972) (Judge Edward Devitt). Our statutory law also,1 as well as rules promulgated by the Public Utilities Commission,2 reflect our state’s concern that utility services, generally, may not be discontinued without good cause. Plainly this “entitlement” applies to municipally-owned utilities.

In this case plaintiffs have asserted a property right to “continued gas service.” But their claim is not like the entitlement claim of the Tennessee customers in Craft. The City of Owatonna is not terminating gas service to plaintiffs’ properties or refusing service.3 Rather it is implementing a change in the method of delivery of that service.

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Related

Ubel v. State
547 N.W.2d 366 (Supreme Court of Minnesota, 1996)
Smith v. City of Owatonna
450 N.W.2d 309 (Supreme Court of Minnesota, 1990)

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Bluebook (online)
450 N.W.2d 309, 113 P.U.R.4th 85, 1990 Minn. LEXIS 27, 1990 WL 2654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-city-of-owatonna-minn-1990.