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CAPITOL CABLE, INC. v. CITY OF TOPEKA

No. 46,409

209 Kan. 152 (1972)

495 P.2d 885

CAPITOL CABLE, INC., Appellee, v. CITY OF TOPEKA, KANSAS, a Municipal Corporation; GENE C. MARTIN, Mayor; KENNETH KERN, JIM LOVE, LAUREN NASH and CHARLES CAMPBELL, constituting the Board of City Commissioners, Topeka, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

Robert A. McClure, of Colmery, McClure, Funk and Hannah, of Topeka, argued the cause, and Gerald J. Letourneau, of the same firm, and Dan E. Turner, City Attorney, were with him on the brief for the appellants.

Leland Spurgeon, of Hiatt and Spurgeon, Chartered, of Topeka, argued the cause, and Eugene W. Hiatt and Kenneth F. Crockett, of the same firm, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a declaratory judgment action to determine the validity of a CATV enabling ordinance known as the "Topeka Cable Television Systems Franchise Ordinance," and a franchising ordinance issued pursuant thereto under the Home Rule Amendment of the Kansas Constitution.

The action was originally commenced by Capitol Cable, Inc. (plaintiff-appellee) for mandamus and damages. After pretrial and...

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