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BOARD OF PUBLIC UTILITIES v. CITY OF KANSAS CITY

No. 51,604

227 Kan. 194 (1980)

605 P.2d 151

BOARD OF PUBLIC UTILITIES OF KANSAS CITY, KANSAS, Appellant, v. CITY OF KANSAS CITY, KANSAS, JOHN REARDON, PATRICK HANLON AND ROBERT ZAHNTER, Appellees.

Supreme Court of Kansas.

Opinion filed January 19, 1980.

Attorney(s) appearing for the Case

John H. Fields, of Carson, Fields & Boal, of Kansas City, argued the cause and the firm of Stinson, Mag & Fizzell, of Kansas City, Missouri, was with him on the brief for the appellant.

Robert J. Watson, city attorney, of Kansas City, and Norman E. Gaar, approving bond counsel, of Kansas City, Missouri, argued the cause and J.F. Steineger, special bond counsel, of Kansas City, was with them on the brief for the appellees.

The opinion of the court was delivered by

HERD, J.:

This is an action in the nature of a declaratory judgment, peremptory injunction and mandatory injunction brought by the Board of Public Utilities of Kansas City (BPU or Board), to determine whether the Board or the city of Kansas City, Kansas, has the statutory authority to determine and prescribe the manner, procedure and method of issuing and selling new construction and refunding revenue bonds of Kansas...

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