Legal Opinion
State Ex Rel. Cass County v. Public Service Commission
Missouri Court of Appeals
Decided March 4, 2008No. WD 67739, WD 67740PublishedCited by 4 opinions
1Opinion of the Court
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), this court affirmed a circuit court injunction requiring Aquila to dismantle that power plant and an accompanying substation (collectively, “the facilities”). We there held that Aquila’s franchise and existing certificates of…
2Cases cited11 opinions
- State Ex Rel. Utility Consumers Council of Missouri, Inc. v. Public Service CommissionSupreme Court of Missouri · 1979
- State Ex Rel. Harline v. Public Service CommissionMissouri Court of Appeals · 1960
- O'Flaherty v. State Tax Commission of MissouriSupreme Court of Missouri · 1984
- State Ex Rel. Kansas City Power & Light Co. v. BuzardSupreme Court of Missouri · 1943
- State ex rel. Missouri Cable Telecommunications Ass'n v. Missouri Public Service CommissionMissouri Court of Appeals · 1996
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3Cited by4 opinions
- Grain Belt Express Clean Line, LLC v. Pub. Serv. Comm'nSupreme Court of Missouri · 2018
- City of O'Fallon, Missouri and City of Ballwin, Missouri v. Union Electric Company D/B/A Ameren MissouriMissouri Court of Appeals · 2015
- In the Matter of the Verified Application and Petition of Laclede Gas Company to Change its Infrastructure System Replacement Surcharge in its Laclede Gas Service Territory Missouri Gas Energy USW Local 11-6 Missouri Public Service Commission v. Office of Public CounselMissouri Court of Appeals · 2016
- In the Matter of The Amendment of The commission's Rule Regarding Applications for the Certificates of Convenience and Necessity Kansas City Power and Light and KCP&L Missouri Operations Company v. Missouri Public Service Commission and Dogwood EnergyMissouri Court of Appeals · 2019