KAKE-TV AND RADIO, INC., a Corporation, Appellant,
v.
CITY OF WICHITA, KANSAS, a Municipal Corporation; THE BOARD OF COMMISSIONERS THEREOF: GLENN J. SHANAHAN, Mayor; JACK H. GREENE; JAMES M. DONNELL; GARRY PORTER; and JOHN S. STEVENS; RALPH C. EBERLY, City Clerk, City of Wichita; and AIRCAPITAL CABLEVISION, INC., a Corporation, Appellees.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed December 8, 1973.
Opinion filed December 8, 1973.
Attorney(s) appearing for the Case
Charles E. Jones, of Adams, Jones, Robinson and Malone, Chartered, of Wichita, argued the cause, and Floyd E. Jensen, of the same firm, was with him on the brief for the appellant.
Robert C. Foulston, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and Rodney R. Hatter, of the same firm, was with him on the brief for appellee AirCapital Cablevision, Inc.
H.E. Jones, of Wichita, argued the cause, and John Dekker, city attorney, was with him on the brief for appellees City of Wichita, Kansas, The Board of Commissioners and Ralph C. Eberly.
Supreme Court of Kansas.
The opinion of the court was delivered by
FONTRON, J.:
This is the third time that the City of Wichita's ongoing dispute over Cable TV (CATV) has appeared before this court. The current action is brought under the declaratory judgment statute (K.S.A. 60-1701) to determine the validity of ordinance 32-325 amending a prior ordinance (30-413) and granting a franchise to AirCapital Cablevision, Inc. to operate a cable...
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