City of Wichita v. Kansas Corporation Commission

The opinion of the court was delivered by

McFarland, J.:

This is an appeal by the State Corporation Commission of the State of Kansas (Commission) from an order of the district court reversing an order of the Commission whereby the Commission had claimed jurisdiction over the issuance of revenue bonds for the operation of a gas utility by the City of Wichita (City). The district court found the statute by which the Commission claimed jurisdiction was unconstitutionally vague.

The City, by Ordinance No. 33-090, established the Wichita Gas Utility for the purpose of furnishing gas service to…