memphis
light
gas
water
div
craft
argued
november
decided
may
two
separate
sets
gas
electric
meters
newly
purchased
house
respondents
year
moving
received
separate
monthly
bills
set
meters
municipal
utility
period
respondents
utility
service
terminated
five
times
nonpayment
bills
despite
respondent
wife
efforts
determine
cause
double
billing
unable
obtain
satisfactory
explanation
suggestion
recourse
utility
employees
bill
contained
final
notice
stating
payment
overdue
service
discontinued
payment
made
certain
date
apprise
respondents
availability
procedure
discussing
dispute
designated
personnel
authorized
review
disputed
bills
correct
errors
respondents
brought
class
action
federal
district
seeking
declaratory
injunctive
relief
damages
utility
several
officers
employees
terminations
utility
service
allegedly
without
due
process
law
refusing
certify
action
class
action
district
determined
respondents
claim
entitlement
continued
utility
service
implicate
property
interest
protected
fourteenth
amendment
event
utility
termination
procedures
comported
due
process
affirming
district
refusal
certify
class
action
appeals
held
procedures
accorded
respondents
comport
due
process
held
although
respondents
remaining
plaintiffs
apparently
longer
desire
hearing
resolve
continuing
dispute
bills
problem
clarified
litigation
aver
present
threat
termination
service
claim
actual
punitive
damages
arising
terminations
service
saves
cause
bar
mootness
pp
applicable
tennessee
decisional
law
draws
line
utility
bills
subject
bona
fide
dispute
utility
may
terminate
service
cause
hence
respondents
assert
legitimate
claim
entitlement
within
protection
due
process
clause
fourteenth
amendment
pp
petitioners
deprived
respondents
interest
property
without
due
process
law
pp
notice
case
kind
comport
constitutional
requirements
advise
customer
availability
administrative
procedure
protesting
threatened
termination
utility
services
unjustified
since
notice
given
respondents
despite
good
faith
efforts
part
accorded
due
notice
pp
due
process
requires
minimum
provision
opportunity
presenting
designated
personnel
empowered
rectify
error
customer
complaint
overcharged
charged
services
rendered
procedure
made
available
respondents
customer
interest
services
terminated
risk
erroneous
deprivation
services
insubstantial
utility
interests
incompatible
affording
notice
procedure
described
mathews
eldridge
pp
available
remedies
pretermination
injunction
suit
damages
action
refund
suffice
cure
inadequacy
petitioner
utility
procedures
cessation
essential
utility
services
appreciable
time
works
uniquely
final
deprivation
judicial
remedies
particularly
unsuited
resolve
factual
disputes
typically
involving
sums
small
justify
engaging
counsel
bringing
lawsuit
pp
powell
delivered
opinion
brennan
stewart
white
marshall
blackmun
joined
stevens
filed
dissenting
opinion
burger
rehnquist
joined
post
frierson
graves
argued
cause
filed
brief
petitioners
thomas
daniel
argued
cause
respondents
brief
elliot
taubman
bruce
mayor
david
sive
filed
brief
national
council
churches
christ
amicus
curiae
justice
powell
delivered
opinion
action
brought
homeowners
memphis
seeking
declaratory
injunctive
relief
damages
municipal
utility
several
officers
employees
termination
utility
service
allegedly
without
due
process
law
district
determined
respondents
claim
entitlement
continued
utility
service
implicate
property
interest
protected
fourteenth
amendment
event
utility
termination
procedures
comported
due
process
appeals
reversed
part
granted
certiorari
consider
constitutional
question
importance
operation
municipal
utilities
throughout
nation
memphis
light
gas
water
division
mlg
division
city
memphis
provides
utility
service
directed
board
commissioners
appointed
city
council
subject
ultimate
control
municipal
government
municipal
utility
mlg
enjoys
statutory
exemption
regulation
state
public
service
commission
code
ann
willie
mary
craft
respondents
reside
alaska
street
memphis
crafts
moved
residence
october
noticed
two
separate
gas
electric
meters
one
water
meter
serving
premises
residence
used
previously
duplex
crafts
assumed
basis
information
seller
second
set
meters
inoperative
crafts
began
receiving
two
bills
regular
bill
second
bill
account
number
name
willie
craft
opposed
willie
craft
separate
monthly
bills
received
set
meters
city
service
fee
appearing
bill
october
learning
mlg
meter
reader
sets
meters
running
home
crafts
hired
private
plumber
electrical
contractor
combine
meters
one
gas
one
electric
meter
contractor
consolidate
meters
properly
condition
crafts
aware
continued
receive
two
bills
january
period
crafts
utility
service
terminated
five
times
nonpayment
several
occasions
mrs
craft
missed
work
went
mlg
offices
order
resolve
double
billing
problem
found
district
mrs
craft
sought
good
faith
determine
cause
double
billing
unable
obtain
satisfactory
explanation
suggestion
recourse
mlg
employees
noted
one
occasion
mrs
craft
attempting
avert
utilities
termination
final
notice
called
defendant
offices
explained
paid
bill
given
satisfaction
procedure
opportunity
talk
management
adequately
explained
mrs
craft
although
repeatedly
tried
get
explanation
problems
two
bills
possible
duplicate
charges
pet
cert
appeal
appeals
sixth
circuit
affirmed
district
refusal
certify
class
action
held
procedures
accorded
crafts
comport
due
process
july
petitioners
sought
writ
certiorari
determine
whether
termination
policies
municipal
utility
constitute
state
action
fourteenth
amendment
ii
whether
municipal
utility
termination
service
nonpayment
deprives
customer
property
within
meaning
due
process
clause
iii
assuming
state
action
property
interest
whether
mlg
procedures
afforded
due
process
law
case
february
granted
certiorari
affirm
ii
outset
question
mootness
although
parties
addressed
question
briefs
may
stipulation
invoke
judicial
power
litigation
present
actual
case
controversy
richardson
ramirez
sosna
iowa
case
comes
us
remaining
plaintiffs
respondents
willie
mary
craft
since
appeals
affirmed
district
refusal
certify
class
existence
continuing
case
controversy
depends
entirely
claims
respondents
cf
sosna
iowa
supra
appears
respondents
longer
desire
hearing
resolve
continuing
dispute
bills
problem
clarified
litigation
respondents
aver
present
threat
termination
service
injunction
issue
plaintiff
established
conduct
sought
enjoined
illegal
defendant
enjoined
engage
conduct
transportation
union
michigan
bar
respondents
insist
however
case
moot
seek
damages
declaratory
relief
dispute
occasioned
suit
capable
repetition
yet
evading
review
tr
oral
arg
need
decide
whether
case
falls
within
special
rule
developed
southern
pacific
terminal
icc
see
moore
ogilvie
roe
wade
permit
consideration
questions
nature
likely
survive
course
normal
litigation
respondents
claim
actual
punitive
damages
arising
mlg
terminations
service
saves
cause
bar
mootness
cf
powell
mccormack
although
express
opinion
validity
respondents
claim
damages
claim
insubstantial
clearly
foreclosed
prior
decisions
case
may
proceed
iii
fourteenth
amendment
places
procedural
constraints
actions
government
work
deprivation
interests
enjoying
stature
property
within
meaning
due
process
clause
although
underlying
substantive
interest
created
independent
source
state
law
federal
constitutional
law
determines
whether
interest
rises
level
legitimate
claim
entitlement
protected
due
process
clause
board
regents
roth
perry
sindermann
outcome
inquiry
clear
case
defining
public
utility
privilege
terminate
nonpayment
proper
charges
tennessee
decisional
law
draws
line
utility
bills
subject
bona
fide
dispute
company
supplying
electricity
public
right
cut
service
customer
nonpayment
service
bill
company
may
adopt
rule
effect
exception
general
rule
exists
customer
bona
fide
dispute
concerning
correctness
bill
steele
clinton
electric
light
power
see
also
public
utilities
services
sec
public
utility
discontinues
service
nonpayment
disputed
amount
peril
public
utility
wrong
customer
overcharged
liable
damages
sims
alabama
water
trigg
middle
tennessee
electric
membership
app
cert
denied
sup
mar
state
law
permit
public
utility
terminate
service
cf
bishop
wood
mlg
public
utilities
tennessee
obligated
provide
service
inhabitants
city
location
alike
without
discrimination
without
denial
except
good
sufficient
cause
farmer
nashville
may
terminate
service
except
nonpayment
service
bill
trigg
aggrieved
customer
may
able
enjoin
wrongful
threat
terminate
bring
subsequent
action
damages
refund
ibid
availability
remedies
evidence
state
recognition
protected
interest
although
customer
right
continued
service
conditioned
upon
payment
charges
properly
due
fourteenth
amendment
protection
property
never
interpreted
safeguard
rights
undisputed
ownership
fuentes
shevin
petitioners
may
terminate
service
cause
respondents
assert
legitimate
claim
entitlement
within
protection
due
process
clause
iv
determining
process
due
case
extent
inquiry
shaped
ruling
appeals
need
go
deciding
case
ascertain
whether
appeals
properly
read
due
process
clause
require
notice
informing
customer
possibility
termination
also
procedure
challenging
disputed
bill
ii
established
procedure
resolution
disputes
specified
avenue
relief
customers
dispute
existence
liability
elementary
fundamental
requirement
due
process
proceeding
accorded
finality
notice
reasonably
calculated
circumstances
apprise
interested
parties
pendency
action
afford
opportunity
present
objections
mullane
central
hanover
trust
citations
omitted
issue
whether
due
process
requires
municipal
utility
notify
customer
availability
avenue
redress
within
organization
wish
contest
particular
charge
appeals
noted
assurance
crafts
mailed
mentioned
flyer
implicitly
affirmed
district
finding
mrs
craft
never
apprised
availability
procedure
discussing
dispute
management
district
description
mrs
craft
repeated
efforts
obtain
information
appeared
unjustified
double
billing
good
faith
efforts
pay
crafts
utilities
well
straighten
problem
makes
clear
adequately
notified
procedures
asserted
available
time
petitioners
notification
procedure
adequate
apprise
crafts
threat
termination
service
reasonably
calculated
inform
availability
opportunity
present
objections
bills
mullane
central
hanover
trust
supra
purpose
notice
due
process
clause
apprise
affected
individual
permit
adequate
preparation
impending
hearing
notice
case
kind
comport
constitutional
requirements
advise
customer
availability
procedure
protesting
proposed
termination
utility
service
unjustified
notice
given
respondents
despite
good
faith
efforts
part
deprived
notice
due
consistently
held
kind
hearing
required
time
person
finally
deprived
property
interests
wolff
mcdonnell
agree
appeals
due
process
requires
provision
opportunity
presentation
designated
employee
customer
complaint
overcharged
charged
services
rendered
whether
procedure
may
available
mlg
customers
courts
found
made
available
mrs
craft
petitioners
made
requisite
showing
overturning
concurrent
findings
fact
two
courts
graver
tank
mfg
linde
air
products
decision
mathews
eldridge
provides
framework
analysis
determining
specific
dictates
due
process
case
ur
prior
decisions
indicate
identification
specific
dictates
due
process
generally
requires
consideration
three
distinct
factors
first
private
interest
affected
official
action
second
risk
erroneous
deprivation
interest
procedures
used
probable
value
additional
substitute
procedural
safeguards
finally
government
interest
including
function
involved
fiscal
administrative
burdens
additional
substitute
procedural
requirement
entail
utility
interests
incompatible
affording
notice
procedure
described
quite
apart
duty
public
service
company
utility
business
interests
may
expected
make
reasonable
efforts
minimize
billing
errors
resulting
customer
dissatisfaction
possible
injury
cf
goss
lopez
kind
hearing
prove
burdensome
opportunity
meeting
responsible
employee
empowered
resolve
dispute
afforded
well
advance
scheduled
date
termination
petitioners
retain
option
terminate
service
affording
opportunity
concluding
amount
billed
justly
due
petitioners
contend
available
remedies
pretermination
injunction
suit
damages
action
refund
sufficient
cure
perceived
inadequacy
mlg
procedures
ordinarily
due
process
law
requires
opportunity
kind
hearing
prior
deprivation
significant
property
interest
see
boddie
connecticut
occasion
recognized
potential
length
severity
deprivation
indicate
likelihood
serious
loss
procedures
underlying
decision
act
sufficiently
reliable
minimize
risk
erroneous
determination
government
may
act
without
providing
additional
advance
procedural
safeguards
ingraham
wright
see
mathews
eldridge
supra
factors
justified
exceptions
requirement
prior
process
present
although
utility
service
may
restored
ultimately
cessation
essential
services
appreciable
time
works
uniquely
final
deprivation
cf
stanley
illinois
moreover
probability
error
utility
cutoff
decisions
insubstantial
warrant
dispensing
process
prior
termination
injunction
remedy
referred
petitioners
adequate
substitute
pretermination
review
disputed
bill
designated
employee
many
decisions
area
required
additional
procedures
due
process
notwithstanding
apparent
availability
injunctive
relief
recovery
provisions
thought
remedies
likely
bounded
procedural
constraints
susceptible
delay
provide
effective
safeguard
erroneous
deprivation
considerations
applicable
utility
termination
context
equitable
remedies
particularly
unsuited
resolution
factual
disputes
typically
involving
sums
money
small
justify
engaging
counsel
bringing
lawsuit
action
equity
halt
improper
termination
less
likely
pursued
less
likely
effective
even
pursued
provide
assurance
accurate
decisionmaking
adequate
administrative
procedure
circumstances
informal
administrative
remedy
along
lines
suggested
constitutes
process
due
failure
provide
notice
reasonably
calculated
apprise
respondents
availability
administrative
procedure
consider
complaint
erroneous
billing
failure
afford
opportunity
present
complaint
designated
employee
empowered
review
disputed
bills
rectify
error
petitioners
deprived
respondents
interest
property
without
due
process
law
judgment
appeals
affirmed
footnotes
brought
original
action
crafts
remain
parties
sought
review
rulings
made
respect
plaintiffs
city
service
fee
separate
item
regular
utility
bill
required
municipal
ordinance
district
conclusion
advanced
little
explanation
reference
mlg
credit
extension
program
earlier
discussion
opinion
offered
description
utility
procedures
first
listed
steps
involved
termination
approximately
four
days
meter
reading
date
bill
mailed
service
location
address
designated
customer
last
day
pay
net
amount
approximately
days
meter
reading
date
ii
approximately
days
meters
read
final
notice
mailed
stating
services
disconnected
within
four
days
payment
received
provision
payment
made
iii
electric
service
terminated
meter
reader
unless
customer
assures
payment
mail
shows
paid
receipt
explains
nonpayment
due
illness
communication
prior
termination
meter
reader
serviceman
instructed
leave
cutoff
notice
giving
information
restoration
service
iv
approximately
five
days
electric
service
cutoff
remaining
services
terminated
customer
paid
bill
made
arrangements
payment
pet
cert
also
noted
march
mlg
instituted
extended
payment
plan
generous
program
allows
customers
able
demonstrate
financial
hardship
pay
past
due
bill
balance
paid
equal
installments
next
three
bills
plaintiffs
action
participants
plan
finally
observed
mlg
provided
procedure
resolution
disputed
bills
credit
counselors
assist
customers
difficulty
payments
disputes
concerning
bills
mlg
counselors
satisfy
customer
customer
referred
management
personnel
generally
chief
clerk
department
supervisor
credit
collection
addition
dissatisfied
customer
may
appeal
board
commissioners
mlg
complaints
regarding
bills
service
termination
service
matter
relating
operation
division
customer
may
desires
accompanied
appropriate
representative
billing
customers
determination
final
notice
sent
termination
service
governed
policies
rules
regulations
adopted
approved
board
commissioners
mlg
order
filed
december
acknowledged
defendants
issued
recommended
credit
instituted
new
procedures
give
definitive
adequate
notice
customers
possible
impending
services
see
infra
petitioners
abandoned
contention
state
action
present
case
brief
petitioners
action
filed
crafts
able
discover
continued
receive
double
computer
billings
mlg
failed
combine
two
accounts
properly
result
double
computer
billings
mlg
overcharged
gas
service
city
service
fees
brief
respondents
district
found
balance
claimed
mlg
march
involved
possible
gas
overcharges
double
duplicate
billings
respect
city
service
fees
pet
cert
presumably
respondents
also
seek
recovery
loss
pay
occasioned
mrs
craft
several
visits
offices
mlg
unnecessary
effectual
relief
afforded
requested
urging
mootness
petitioners
assert
compliance
district
recommendation
credit
issued
crafts
removes
claim
damages
case
understand
district
suggestion
award
damages
validity
damages
claim
matter
initial
determination
courts
tennessee
formulation
public
utility
privilege
terminate
service
nonpayment
undisputed
charge
accord
rule
see
generally
jur
public
utilities
note
duty
public
utility
render
adequate
service
scope
enforcement
colum
rev
petitioners
attempt
avoid
force
trigg
referring
several
tennessee
decisions
state
general
rule
utility
may
terminate
service
nonpayment
undisputed
charges
noncompliance
reasonable
rules
regulations
authorities
however
cast
doubt
upon
exception
recognized
trigg
customer
tenders
undisputed
amount
withholds
complete
payment
bona
fide
dispute
see
patterson
chattanooga
farmer
nashville
jones
nashville
crumley
watauga
water
watauga
water
wolfe
petitioners
also
rely
lindsey
normet
upheld
oregon
statute
required
tenant
seeking
continuance
eviction
hearing
post
security
accruing
rent
continuance
limited
issues
triable
eviction
proceeding
questions
physical
possession
forcible
withholding
legal
right
possession
reliance
misplaced
first
merely
held
oregon
procedures
comported
due
process
without
intimating
tenant
claim
continued
possession
rent
dispute
failed
implicate
property
interest
second
tenant
post
security
order
remain
possession
hearing
rather
post
security
order
obtain
continuance
hearing
tenant
deprived
possessory
interest
even
one
day
without
opportunity
hearing
fuentes
shevin
emphasis
original
arnett
kennedy
concluded
employee
discharged
cause
property
interest
entitled
constitutional
protection
bishop
wood
see
arnett
kennedy
supra
powell
concurring
part
cf
board
regents
roth
appeals
refer
earlier
decision
palmer
columbia
gas
ohio
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chicago
justice
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view
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constitutionally
mandated
constitutional
objection
requiring
tenant
pay
disputed
charge
order
retain
possession
home
understand
serious
objection
requiring
payment
lesser
charge
order
retain
utility
service
lindsey
normet
tenant
sought
defend
possessory
action
brought
landlord
nonpayment
rent
ground
premises
uninhabitable
therefore
obligation
pay
rent
state
law
permit
defense
possessory
action
order
litigate
particular
dispute
tenant
bring
action
landlord
tenant
fact
paid
disputed
rent
landlord
prevail
possessory
action
thus
order
retain
possession
litigating
dispute
tenant
pay
accruing
rent
requirement
upheld
lindsey
supra
also
pay
back
rent
obligation
disputed
pay
back
rent
lose
possessory
action
therefore
lose
possession
prosecuting
suit
landlord
thus
sustained
procedure
required
payment
disputed
charge
order
maintain
status
quo
litigating
dispute
even
customer
unable
pay
bill
full
may
forestall
termination
partial
payment
ante
perhaps
fashions
rule
benefit
customers
unable
make
even
partial
payment
persons
pay
current
undisputed
bills
service
may
terminated
despite
bona
fide
dispute
past
bill
one
constitutional
right
free
utility
service