CITY OF LEXINGTON v. LEXINGTON WATER COMPANY


458 S.W.2d 778 (1970)

CITY OF LEXINGTON et al., Appellants, v. LEXINGTON WATER COMPANY, Appellee.

Court of Appeals of Kentucky.

October 9, 1970.


Attorney(s) appearing for the Case

Earl S. Wilson, Cecil F. Dunn, Kincaid, Wilson, Schaeffer, Trimble & Hembree, Lexington, Richard Smith, Corp. Counsel, Lexington, Morris E. Burton, Frankfort, for appellants.

C. Gibson Downing, Stoll, Keenon & Park, Lexington, Louis Cox, Hazelrigg & Cox, Frankfort, for appellee.


STEINFELD, Judge.

Privately owned Lexington Water Company, a wholly owned subsidiary of the American Water Works Company, Inc., on March 31, 1967, petitioned the Public Service Commission for an increase in rates. The city protested on the ground that for rate purposes the consumers were entitled to benefit from an admitted profit of $2,415,846 which the utility had made on a 1964 sale of land. It contended, but the water company denied, that this land had been acquired...

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