The CITY OF FLORENCE, Kentucky, and The Union Light, Heat and Power Company, Appellants,
v.
OWEN ELECTRIC COOPERATIVE, INC., Frederic J. Cowan, Jr., Attorney General, and Public Service Commission of Kentucky, Appellees.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
May 14, 1992.
May 14, 1992.
Attorney(s) appearing for the Case
Hugh O. Skees, Rouse, Skees, Wilson & Dillon, Florence, for City of Florence, Ky.
William P. Curlin, Jr., Hazelrigg & Cox, Frankfort, Robert E. Ruberg, Gary J. Sergent, O'Hara, Ruberg & Taylor, Covington, for The Union Light, Heat and Power Co.
James M. Crawford, Berry & Floyd, Carrollton, William E. Johnson, Stoll, Keenon & Park, Frankfort, Ann P. McBee, Burlington, Robert M. Watt, III, Stoll, Keenon & Park, Lexington, for Owen Elec. Co-op., Inc.
Fred J. Cowan, Atty. Gen., William E. Doyle, Asst. Atty. Gen., Utility and Rate Intervention Div., Frankfort.
Richard G. Raff, Frankfort, for Public Service Com'n.
Frank F. Chuppe, Holliday Hopkins Thacker, David L. Reichert, Wyatt, Tarrant & Combs, Louisville, Robert A. Jablon, P. David Lopez, Thomas C. Traugher, Spiegel & McDiarmid, Washington, for amicus curiae, City of Bardstown.
Morton Holbrook, James M. Miller, Holbrook, Wible, Sullivan and Mountjoy, Owensboro, Foster J. Collins, East Kentucky Power Co-op., Winchester, for amicus curiae, Big Rivers Elec. Corp. and East Kentucky Power Co-op.
Daniel T. Yates, Eugene N. Buchheit, Louisville, for amicus curiae, Kentucky Ass'n of Elec. Co-ops., Inc.
George S. Brooks, II, Kentucky Utilities Co., Lexington, Richard F. Newell, J. Wade Hendricks, Ogden, Sturgill & Welch, Louisville, for amicus curiae Kentucky Utilities Co.
Supreme Court of Kentucky.
REYNOLDS, Justice.
The City of Florence and its utility franchisee, The Union Light, Heat and Power Company, appeal from a judgment of Boone Circuit Court which held that Kentucky Revised Statutes 278.016, 278.017, 278.018, 96.538, 81A.490 and 279.110(5) were not rendered unconstitutional by Sections 163 and 164 of the Kentucky Constitution. The circuit court's decision provided that Owen had the exclusive right to provide retail service to all electric consuming...
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