Legal Opinion

Board of Public Utilities v. City of Kansas City

District Court, D. Kansas

Decided July 8, 1980No. Civ.A.80-2139Published

1Opinion of the Court

MEMORANDUM AND ORDER

O’CONNOR, District Judge.

Plaintiffs in this action challenge the constitutionality of a recently enacted Kansas law, House Bill No. 2841, and seek to enjoin its enforcement. A hearing was held April 24, 1980, on motions to dismiss filed by defendants, and also on plaintiffs’ request for a preliminary injunction. Having carefully considered the arguments and briefs of the parties, we have concluded that defendants’ motions to dismiss must be granted.

The Board of Public Utilities (BPU) was created by statute in 1929 and operates Kansas City’s water and light plants. The…

2Cases cited13 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Railway Express Agency, Inc. v. New YorkSupreme Court of the United States · 1949
  4. Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
  5. Highland Farms Dairy, Inc. v. AgnewSupreme Court of the United States · 1937

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