Pesall v. Montana Dakota Utils., Co.

Montana Dakota Utilities Co. and Otter Tail Power Company (together, Applicants) applied to the South Dakota Public Utilities Commission (Commission) for a permit to construct a high-voltage electrical transmission line. Applicant’s project would cross one part of Gerald Pesall’s farm. Pesall intervened and was granted party status. Pesall objected to the project, arguing that excavating and moving soil to construct the project could unearth and spread a crop parasite. The Commission granted the permit subject to conditions, including a condition to identify and mitigate the potential parasite problem. The circuit court affirmed. The Supreme Court affirmed, holding (1) there was no abuse of discretion in the Commission’s decision to grant a conditional permit rather than requiring reapplication; (2) the permit condition relating to the parasites did not constitute an improper delegation of the Commission’s authority to a private party; and (3) the Commission timely rendered complete findings on the permit application. View "Pesall v. Montana Dakota Utils., Co." on Justia Law