In the case of Superior Water, Light & Power Company v. City of Superior et al., 1923, the Supreme Court ruled in favor of the city. The dispute arose when a Wisconsin statute allowed cities to purchase utilities at an appraised value determined by a state commission if they were unable to negotiate a price with utility companies directly. The Superior Water, Light & Power Company argued that this violated their Fourteenth Amendment rights as it deprived them of property without due process and denied them equal protection under law. However, the court held that there was no violation because fair market value was paid for properties taken over by municipalities and due process was followed in determining this valuation.

In the dissenting opinion for Superior Water, Light & Power Company v. City of Superior et al., it was argued that the majority's decision to uphold a Wisconsin law allowing municipalities to set utility rates without judicial review violated constitutional protections against confiscation of property. The dissenters believed that this ruling effectively stripped utilities companies of their right to a fair return on their investments and undermined due process rights guaranteed by the Fourteenth Amendment. They contended that while states have broad powers in regulating public utilities, these powers should not extend so far as to allow them to arbitrarily determine what constitutes just compensation without any possibility for judicial oversight or intervention.