(Spirit Lake)– A judge has ruled against the city of Okoboji in its attempt to get Qwest Communications to bury its lines.
The city took the company to court after it refused to abide by ordinances requiring utility lines in residential areas be buried.
In his ruling, Judge John Duffy differs with the city’s claim that having the lines buried would bolster tourism and property values. If that’s true, he says the city should have required the lines along Highway 71 be buried as well. The judge also says Lakeshore Drive has had historically high property values and that the city has failed to prove burying the lines in that area would further enhance them.
Judge Duffy says if increasing property taxes were a motivational factor, that the city would be willing to foot the bill in the event it was unable to shift the cost to property owners and utility companies.
Judge Duffy also says the city presented no evidence to show above ground wires caused any real safety concerns.
The ruling also says it would be an undue hardship for citizens of Okoboji to have roads and yards dug up again.
Based on those factors, the judge says the city’s ordinances requiring the lines be buried is “an invalid exercise of police power”.
The ruling was issued today (Wed.) in Dickinson County District Court.
