Jackson Water Works, Inc. v. The Public Utilities Commission Of The State Of California

793 F.2d 1090 JACKSON WATER WORKS, INC., a California corporation, and Citizens Utilities Company, a Delaware corporation, Plaintiffs-Appellants, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA, et al., Defendants- Appellees. No. 85-1667. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 11, 1985. Decided July 8, 1986. James M. Wagstaffe, Cooper, White & Cooper, San Francisco, Cal., for plaintiffs-appellants. Lawrence Q. Garcia, Public Utilities Comm., Richard J. Massa, Richard J. Massa & Associates, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before SKOPIL, PREGERSON, and WIGGINS, Circuit Judges. SKOPIL, Circuit Judge: 1 This is a challenge by a private utility to the constitutionality of a state statutory scheme which allows public condemnors the choice of adjudicating just compensation in either state court or before the Public Utility Commission. We agree with the district court that the statutes do not facially violate either equal protection or due process. We affirm. FACTS AND PROCEEDINGS BELOW 2 Plaintiff-appellant Jackson Water Works…