Capitol Cable, Inc. v. City of Topeka

The opinion of the court was delivered by This is a declaratory judgment action to determine the validity
of a CATV enabling ordinance known as the "Topeka Cable
Television Systems Franchise Ordinance," and a franchising
ordinance issued pursuant thereto under the Home Rule Amendment
of the Kansas Constitution. The action was originally commenced by Capitol Cable, Inc.
(plaintiff-appellee) for mandamus and damages. After pretrial and
before the case was ultimately submitted to the trial court, it
was converted to a declaratory judgment action challenging the
validity of the enabling cable television ordinance. (See K.S.A.
60-1701.) The trial court rendered its decision in this action upon due
consideration
[209 Kan. 154]