But Cherryland made it a condition for removing the service drop that it GDOĪsked Cherryland to remove its service line so that the building it was attached to couldīe taken down. TCLP to provide electricity to its planned resort.īy January 2002, the farm buildings were scheduled to be demolished. TCLP was the winning bidder, and in December 2001, plaintiff contracted with At that time,Ĭherryland did not claim that it had the sole right to provide electric service to the Later, when plaintiff was planning new construction on the property, it solicitedīids for electric service from Cherryland, Consumers Energy, and TCLP. Pay a minimum monthly bill from Cherryland so that it had the option to have the However, according to a GDO employee, GDO continued to At one time or another over the years, Cherryland,Ĭonsumers Energy Company, and Traverse City Light & Power (TCLP) serviced farmĪfter the last farming tenant vacated the premises in September 2001, theĮlectricity was turned off. Cherryland ran an electric line, known as a The Oleson property beginning in the 1940s. Portion of the property from GDO Investments (GDO), which acquired it after Mr.ĭefendant Cherryland Electric Cooperative claims that it provided electricity to On July 14, 2000, plaintiff entered into an option agreement to buy a The resort sits on part of a 120-acre parcel once farmed by the Plaintiff, Great Wolf Lodge of Traverse City, LLC, owns a water-park resort on 48Īcres near Traverse City. Therefore, we reverse the judgment of the Court ofĪppeals and reinstate the decision of the PSC. Impose a fine pursuant to MCL 460.558 only when a utility “wilfully or knowingly” Finally, we hold that the PSC is required to We also conclude that the PSC is not required to impose interest on a refund itĪwards to an overcharged utility consumer. And the right is not extinguished when a customer is no longer present on the (Rule 411) of the Michigan Administrative Code extends to the entire premises initially We conclude that a utility’s right of first entitlement set forth in Rule 460.3411 ![]() Required to impose a fine whenever a utility “neglects” to comply with one of its orders.2 When it determines that a utility has overcharged a consumer. Public Service Commission (PSC) is required to impose interest on a refund it awards “customer” ceases when the “customer” on the property changes.1 Second, whether the First, whether a utility’s right of firstĮntitlement to provide electrical service to “the entire electric load on the premises” of a This case requires us to resolve three issues. The Court reversed the judgment of the appellate court, and reinstated the decision of the hearing officer. ![]() The Court concluded that the right is not extinguished when ownership changes. One of the issues on appeal to the Supreme Court was whether Cherryland’s “right of first entitlement” stopped when the property ownership changed hands. The appellate court reversed the hearing officer. A hearing officer would rule in favor of the Lodge on the rate refund, but would not allow it to choose its own service provider, citing Cherryland’s “right of first entitlement” that dated back to when it provided service to the farm. The Lodge filed suit seeking a refund of excess rates it paid to Cherryland, and to have the ability to choose its own electric service provider. Over the course of the contract, Cherryland unilaterally raised the rates. The new Cherryland contract called for discounted rates. The Lodge did not protest Cherryland’s assertion in order to keep its expansion project on track. Cherryland insisted that it had exclusive rights to provide electric service to the Lodge. Defendant Cherryland Electric Cooperative (Cherryland) ran an electric line to the former farm. ![]() In 2000, the Lodge annexed a new portion of the former farmland to expand its premises. Plaintiff Great Wolf Lodge of Traverse City, LLC (Lodge) is a water park that sits on former farmland.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |