Southern Pacific Pipe Lines, Inc. v. City of Long Beach

Defendant, the City of Long Beach, (hereinafter, the City), appeals from a summary judgment granted to plaintiff Southern Pacific Pipe Lines, Inc. (plaintiff) in four consolidated cases. The judgment provided for a refund to plaintiff of portions of the permit fees which the City had assessed plaintiff for the pipelines which plaintiff maintains under the City’s streets. The judgment also directed the City to issue to plaintiff a certain franchise, and it adjudged that the City’s municipal code provisions for permit fee schedules are not applicable to plaintiff, finding in effect that in this case, the City’s ordinance has been preempted by provisions of the Public Utilities Code.

As the parties agree on appeal that there are essentially no disputed material facts, we are asked in this appeal to decide whether the relevant provisions of the City’s code are indeed preempted by state law. However, our review of the constitutional and legislative scheme for control of public utilities and local franchises shows that the judgment must be reversed whether preemption exists or not.

Procedural and Factual Background

Beginning in August 1982 plaintiff filed four complaints for…