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Taylor v. Public Utilities Commission

Supreme Court of Maine

May 12, 2016

BRUCE D. TAYLOR et al.
v.
PUBLIC UTILITIES COMMISSION et al.

Argued: March 1, 2016

On the briefs:

Bruce A. McGlauflin, Esq., Petruccelli, Martin & Haddow, LLP, Portland, for appellants Bruce D. Taylor and Food and Water Watch

Andrew S. Hagler, Esq., Mitchell M. Tannenbaum, Esq., Maine Public Utilities Commission, Augusta, for appellee Maine Public Utilities Commission

William C. Black, Esq., Maine Public Advocate Office, Augusta, for appellee Maine Public Advocate Office

James L. Costello, Esq., and Benjamin M. Leoni, Esq., Curtis Thaxter LLC, Portland, for appellee Fryeburg Water Company

At oral argument:

Bruce A. McGlauflin, Esq., for appellants Bruce D. Taylor and Food and Water Watch

Jordan D. McColman, Esq., Maine Public Utilities Commission, Augusta, for appellee Maine Public Utilities Commission

James L. Costello, Esq., for appellee Fryeburg Water Company Public Utilities Commission docket number 2012-00487 For Clerk Reference Only

ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

GORMAN, J.

[¶1] Bruce D. Taylor and Food & Water Watch appeal from a decision of the Public Utilities Commission conditionally approving the request of Fryeburg Water Company to execute an agreement with Nestle Waters North America Inc. providing for the lease of premises and purchase of water.[1] Taylor and Food & Water Watch challenge certain of the Commission's procedural decisions, as well as the Commission's ultimate approval of the agreement, on several grounds, including that the agreement exceeds the scope of Fryeburg Water Company's charter authority, ...


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