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STATE EX REL. CASS COUNTY v. PUBLIC SERVICE COM'N

Nos. WD 67739, WD 67740.

259 S.W.3d 544 (2008)

STATE ex rel. CASS COUNTY, Missouri, Respondent, Stopaquila.Org, Respondent, v. PUBLIC SERVICE COMMISSION for the State of Missouri, Appellant, Aquila, Inc., Appellant.

Missouri Court of Appeals, Western District.

March 4, 2008.

Attorney(s) appearing for the Case

James Youngs, Kansas City; Nathan Charles Williams, Jefferson City, for Appellant.

Cynthia Reams Martin; Lee's Summit; Debra Lynn Moore, Harrisonville, for Respondent.

RONALD R. HOLLIGER, Judge.

In this appeal we again consider the consequences of Aquila's decision to build a multi-million — dollar power plant in Cass County without obtaining either zoning approval from Cass County or prior permission of the Public Service Commission ("PSC"). In Stopaquila.Org v. Aquila, Inc., 180 S.W.3d 24 (Mo.App. W.D. 2005) (hereafter Aquila I

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