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K N ENERGY, INC. v. CITY OF CASPER

No. 86-69.

755 P.2d 207 (1988)

K N ENERGY, INC., doing business as Northern Utilities Division of K N Energy, Inc., a Kansas corporation, Appellant (Plaintiff), v. CITY OF CASPER, a Wyoming municipal corporation, Appellee (Defendant).

Supreme Court of Wyoming.

Rehearing Denied June 15, 1988.

Attorney(s) appearing for the Case

Michael J. Sullivan, Tim I. Munson and William H. Brown of Brown, Drew, Apostolos, Massey & Sullivan, Casper, Robert C. McHugh and Thomas J. Carroll, III, Lakewood, Colo., for appellant.

H.B. Harden, Jr., City Atty., and Robert L. Mullen, Deputy City Atty., Casper, for appellee.

A.G. McClintock, Atty. Gen., Steven R. Shanahan, Sr. Asst. Atty. Gen., Roger C. Fransen, Asst. Atty. Gen., amicus curiae for Public Service Com'n of Wyoming.

Nicholas G. Kalokathis of Lathrop & Uchner, P.C., Cheyenne, amicus curiae for Wyoming Ass'n of Natural Gas Utilities.

Before BROWN, C.J., and THOMAS, CARDINE and MACY, JJ., and GUTHRIE, J., Retired.

THOMAS, Justice.

This case presents directly the question of the authority of a Wyoming municipality to regulate a public utility by enactment of a licensing ordinance. K N Energy, Inc., doing business as Northern Utilities Division of K N Energy, Inc. (Northern), instituted a declaratory judgment action in the district court seeking a declaration that the ordinance adopted by the City of Casper (Casper) is void. The district...

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