Capital Electric Line Builders, Inc. v. Lennen

The opinion of the court was delivered by

Herd, J.:

This is a declaratory judgment action wherein petitioners seek to have K.S.A. 1981 Supp. 12-187 et seq. and K.A.R. 92-21-18 declared unconstitutional. The trial court held the statutes and the administrative regulation were constitutional and valid. This appeal followed. We reverse.

The facts are undisputed. Capital Electric Line Builders, Inc. (Capital Electric) is a Kansas corporation with its main corporate offices in Leavenworth. It is engaged in the business of selling, installing, repairing and maintaining electrical transmission lines,…