City of Alturas v. Pacific Power & Light Company

56 F.3d 70 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CITY OF ALTURAS, Plaintiff-Appellant, v. PACIFIC POWER & LIGHT COMPANY, Defendant-Appellee. No. 93-17044. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1995. Decided May 30, 1995. Before CUMMINGS, * SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 The City of Alturas ("City") appeals the district court's order awarding condemnee Pacific Power & Light Co. ("Pacific") $1,212,494.10 in litigation expenses pursuant to Cal. Civ. Pro. Code Sec. 1268.210. We affirm. 3 In 1985, the City, located in Modoc County, California, began exploring the possibility of using its power of eminent domain to take the electrical distribution facilities ("facilities") owned and operated by Pacific. The City's goal was to turn over operational control of the facilities to Pacific's nonprofit competitor, Surprise Valley Electrification Corporation (Surprise Valley), whose rates are substantially…