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CITY OF LIBERAL v. TELEPROMPTER CABLE SERVICE, INC.

No. 47,772

218 Kan. 289 (1975)

544 P.2d 330

THE CITY OF LIBERAL, a Municipal Corporation, Appellant, v. TELEPROMPTER CABLE SERVICE, INC., a Division of Teleprompter Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed December 13, 1975.

Attorney(s) appearing for the Case

Gene H. Sharp, of Liberal, argued the cause, and Michael P. Dreiling, of Liberal, was with him on the brief for the appellant.

Ronald M. Gott, of Gott, Hope, Gott and Young, P.A., of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This injunction action was brought by a city to determine its right to regulate rates charged by a cable television company for services to subscribers under an existing franchise. The trial court held the city lacked this authority and it has appealed.

The facts in the case are stipulated. By ordinance No. 1499, enacted February 21, 1956, the city of Liberal granted a franchise to TV Cable, Inc...

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