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KN ENERGY v. VILLAGE OF ANSLEY

No. S-02-385.

663 N.W.2d 119 (2003)

266 Neb. 164

KN ENERGY, a division of Kinder Morgan, Inc., appellee, v. VILLAGE OF ANSLEY and Cities of Burwell, Loup City, Ord, Broken Bow, and Ravenna, municipal corporations of the State of Nebraska, appellants.

Supreme Court of Nebraska.

June 20, 2003.

Attorney(s) appearing for the Case

David A. Hecker, of Kutak Rock, L.L.P., Lincoln, for appellants.

M.J. Bruckner, of Bruckner Law Firm, P.C., Lincoln, Stephen M. Bruckner, and Heidi L. Evatt, of Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C., Omaha, and B.J. Becker and William M. Lopez, of Kinder Morgan, Inc., for appellee.

WRIGHT, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

This appeal presents issues of law regarding how and when a municipality may initiate a proceeding for a review and possible adjustment of rates under the Municipal Natural Gas Regulation Act (MNGRA), Neb.Rev.Stat. §§ 19-4601 to 19-4623 (Reissue 1997).

FACTS

The material facts are uncontested. KN Energy (KNE) is a division of Kinder Morgan, Inc., a Kansas corporation authorized to do and doing business in the State of Nebraska...

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