Public Service Co. of Colorado v. Van Wyk

27 P.3d 377 (2001)

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Public Service Co. of Colorado v. Van Wyk

Colorado Supreme Court
27 P.3d 377 (2001)

Facts

The Colorado Public Utilities Commission granted the Public Service Company of Colorado’s (PSC) (defendant) application to increase the voltage in electric lines placed in a Colorado neighborhood. The increase in voltage caused the electric lines to generate more noise, especially during rain, snow, and high humidity. Mark and Erica Van Wyk (plaintiffs) were residents in the neighborhood where the line voltage was increased and therefore had to deal with noise the electric lines created. As a result, the Van Wyks sued PSC for nuisance and sought monetary damages. The district court dismissed the complaint. The court of appeals reversed the dismissal.

Rule of Law

Issue

Holding and Reasoning (Martinez, J.)

Concurrence/Dissent (Mullarkey, C.J.)

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