WHEATLAND ELECTRIC v. CITY OF GARDEN CITY

No. 123,061.

504 P.3d 447 (2021)

61 Kan.App. 2d 343

WHEATLAND ELECTRIC COOPERATIVE, INC., Appellant, v. CITY OF GARDEN CITY, Kansas, Appellee.

Court of Appeals of Kansas.

Opinion filed December 3, 2021.


Attorney(s) appearing for the Case

James M. McVay , of Wheatland Electric Cooperative, Inc., and Allen G. Glendenning , of Watkins Calcara, Chtd., of Great Bend, for appellant.

Timothy J. Sear , Frank Caro Jr. , and Andrew O. Schulte , of Polsinelli PC, of Kansas City, Missouri, and Randall D. Grisell , of Doering, Grisell & Cunningham, P.A., of Garden City, for appellee.

Before Buser, P.J., Hill and Isherwood, JJ.


All Kansas public utilities are regulated by the State of Kansas. To further this regulatory policy, the Legislature enacted the Retail Electric Suppliers Act, K.S.A. 66-1,170 et seq. The Act directs the Kansas Corporation Commission to decide what entity is responsible for providing electricity to Kansas consumers located outside our...

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