Concerned Citizens, United, Inc. v. Kansas Power & Light Co.

The opinion of the court was delivered by

Schroeder, J.:

This is an injunction action wherein the plaintiffs by their petition seek to enjoin the exercise of the power of eminent domain by the Kansas Power and Light Company (hereafter KPL) to obtain land for the construction of an electric power facility, unless and until it has demonstrated at least the reasonable likelihood that it can obtain necessary federal and state permits and zoning, and until it has definite plans in the reasonably near future to use the land for the production of electric power. Appeal has been duly perfected by the…