Public Service Co. of Colo. v. Miller

• Decision Date: 29 July 1957
• Docket Number: No. 18325,18325
• Citation: 313 P.2d 998,135 Colo. 575
• Parties: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, and Colorado Central Power Company, a Delaware corporation, Complainants, v. Martin P. MILLER, one of the Judge of the District Court in and for the County of Adams, State of Colorado, and Union Rural Electric Association, Inc., a corporation, Respondents.
• Court: Colorado Supreme Court

Page 998

313 P.2d 998

135 Colo. 575

PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation,

and Colorado Central Power Company, a Delaware

corporation, Complainants, v. Martin P. MILLER, one of the Judge of the District Court in and for the County of Adams, State of Colorado, and Union Rural Electric Association, Inc., a corporation, Respondents.

No. 18325.

Supreme Court of Colorado, En Banc.

July 29, 1957.

Lee, Bryans, Kelly & Stansfield, Denver, Gaunt & Byrne, Brighton, for complainant Public Service Co. of Colorado.

Allen, Lynch & Rouse, Denver, for complainant Colorado Central Power Co.

Grant, Shafroth & Toll, Erl H. Ellis, Denver, for respondents Union Rural Electric Ass'n, Inc., and Judge Martin P. Miller.

HOLLAND, Justice.

This is an original proceeding in the nature of prohibition involving a review of a decision of the Public Utilities Commission and two district courts of concurrent jurisdiction, namely, the district court of the City and County of Denver and the district court in and for Adams county. Rule to show cause issued and the matter is now at issue for determination.

The origin of the controversy was the filing of an application in the latter part of 1955 by Union Rural Electric Association, Inc., with the Commission seeking a certificate of public convenience and necessity to operate as a public utility in a community north of Denver. Hearings on this application covered nearly a year's time and at which hearings the Public Service Company of Colorado and the Colorado Central Power Company, a Delaware corporation, appeared as protestants. On January 7, 1957, the Commission announced its decision as of that date in favor of the applicant. The Public Service Company and the Colorado Central Power Company, now plaintiffs in error, each petitioned the Commission for a rehearing and both were denied. In due course, and on January, 29, 1957, Public Service commenced an action in the Denver district court for review of the decision of the Commission. Colorado Central Power Company appeared by answering the complaint and also a claim for review. Union Electric Association, one of the respondents here, answered the complaint, but did not petition for a review.

February 11, 1957, after having appeared in the Denver district court, as just stated, Union Electric filed a petition for review of the same decision of the Commission in the district court of Adams county. Plaintiffs in error, Public Service Company of Colorado and Colorado Central Power Company and the Commission moved the Adams county district court to dismiss the action for lack of jurisdiction....