Capitol Cable, Inc. v. City of Topeka

The opinion of the court was delivered by

Schroeder, J.:

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…