Empire District Electric Co. v. Southwest Electric Cooperative

GARRISON, Judge.

This is an appeal by Southwest Electric Cooperative (Southwest) from a judgment enjoining it from providing permanent electric service to a Wal-Mart store after the property on which it was located was annexed by the city of Bolivar, Missouri.

Southwest is a rural electric cooperative organized under Chapter 3941 for the purpose of supplying electric energy in rural areas. The suit was filed by The Empire District Electric Company (Empire) which operates electrical transmission and distribution lines and holds a non-exclusive franchise from the city of Bolivar to provide…