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K N ENERGY v. CITIES OF ALLIANCE & OSHKOSH

Nos. S-01-1031, S-01-1032, S-01-1033.

670 N.W.2d 319 (2003)

266 Neb. 882

K N ENERGY, INC., a division of Kinder Morgan, Inc., Appellee, v. CITIES OF ALLIANCE and OSHKOSH, municipal corporations of the State of Nebraska, Appellants. K N Energy, Inc., a division of Kinder Morgan, Inc., Appellee, v. Cities of Kimball et al. and Village of Gurley, municipal corporations of the State of Nebraska, Appellants. K N Energy, Inc., a division of Kinder Morgan, Inc., Appellee, v. Village of Hemingford and Cities of Gordon and Chadron, municipal corporations of the State of Nebraska, Appellants.

Supreme Court of Nebraska.

October 24, 2003.

Attorney(s) appearing for the Case

David A. Hecker and Norman M. Krivosha, of Kutak Rock, L.L.P., Lincoln, for appellants.

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

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

McCORMACK, J.

NATURE OF CASE

K N Energy, Inc. (KNE), a division of Kinder Morgan, Inc., initiated these actions against the Cities of Alliance, Oshkosh, Kimball, Chappell, Sidney, Gordon, and Chadron and the Villages of Hemingford and Gurley (collectively the municipalities). The municipalities initiated a review of a "P-0802 surcharge" under Neb.Rev.Stat. § 19-4618(1) (Reissue 1997) and passed ordinances...

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