KAKE-TV & RADIO, INC. v. City of Wichita

The opinion of the court was delivered by

Fontron, J.:

This is the third time that the City of Wichita’s ongoing dispute over Cable TV (CATV) has appeared before this court. The current action is brought under the declaratory judgment statute (K. S. A. 60-1701) to determine the validity o£ ordinance 32-325 amending a prior ordinance (30-413) and granting a franchise to AirCapital Cablevision, Inc. to operate a cable television system in Wichita. The trial court sustained a motion to dismiss the lawsuit and the plaintiff, KAKE-TV and Radio, Inc., has appealed.

In the course of this opinion we…