California Court of Appeal

In a city's suit for declaratory relief against a refinery, establishing that as a charter city, the California Constitution gives it the exclusive right to provide electric service to its inhabitants, trial court's grant of summary judgment in favor of the city and denial of refinery's motion for summary judgment seeking a declaration that it may purchase power for use in the city from Southern California Edison, are reversed where: 1) the trial court was required to enter summary judgment in favor of the refinery because neither the Constitution nor the charter prohibits Tesoro from buying power from Edison in another city, transporting that power over the refinery's internal wiring, and using that power within the city; and 2) the trial court's ruling transgressed section 1759(a).

Appellate Information

• Decided 09/22/2010
• Published 09/22/2010

Judges

• ASHMANN-GERST

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Henry Weissmann, Richard M. Brown