PacifiCorp v. City of Ashland

DEITS, J.,

concurring.

I agree with the majority’s disposition of the petitions for reconsideration. I emphasize, however, that I adhere to my dissent from our original opinion on the issue of city’s authority to condemn plaintiffs property for the purpose of providing the utility services for which plaintiff was using the property. That issue is raised by plaintiffs petition, which our denial of reconsideration now places before the Supreme Court.