Premium
Competitor's Consent Not Necessary Before Construction
Publication year - 1991
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1991.tb07141.x
Subject(s) - law , state (computer science) , business , construct (python library) , service (business) , engineering , political science , computer science , marketing , algorithm , programming language
Ortega Utilities Co., a private utility company, provided water distribution and wastewater collection services within Duval County. In 1987, Jacksonville, Florida, advertised for bids for the construction of a sewage pump station and a water transmission main to be located near, but outside, Ortega's certified area. Ortega sought to enjoin the city from the construction, relying on a state law requiring consent of a private company operating facilities of a similar character in the immediate adjacent area. In the meantime, the city proceeded to construct the system that was to provide service to an area unserved by the city or Ortega. The trial court ruled for the city of Jacksonville.