STATE EX REL. TOMASIC v. KANSAS CITY, KANSAS PORT AUTH.

No. 52,961

229 Kan. 538 (1981)

626 P.2d 209

STATE OF KANSAS, ex rel., NICK A. TOMASIC, WYANDOTTE COUNTY DISTRICT ATTORNEY, KANSAS CITY, KANSAS, Relator, v. KANSAS CITY, KANSAS PORT AUTHORITY, Respondent.

Supreme Court of Kansas.

Opinion filed April 1, 1981.


Attorney(s) appearing for the Case

Nick A. Tomasic, district attorney, argued the cause and was on the brief for the relator.

John A. Price, of Weeks, Thomas & Lysaught, Chartered, of Kansas City, and Norman E. Gaar, of Gaar & Bell, of Kansas City, Missouri, argued the cause, and Leonard O. Thomas and Donald C. Ramsay, of Weeks, Thomas & Lysaught, Chartered, of Kansas City, and John F. Steineger, Jr., of Kansas City, were with them on the brief for the respondent.

Charles D. Kugler, of Kugler and Dickenson, of Kansas City, argued the cause and was on the brief for amicus curiae The Piper Area Association, Inc.

David Schauner, of Topeka, was on the brief for amicus curiae Kansas National Education Association.

Patricia Baker, of Topeka, was on the brief for amicus curiae Kansas Association of School Boards.

Lana Jeanne Tyree and John F. Cooper, of Oklahoma City, Oklahoma, and Robert Miller, of Kansas City, were on the brief for amicus curiae Unified School District #203 of Wyandotte County, Kansas.


The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an original action in quo warranto brought by Nick A. Tomasic, Wyandotte County District Attorney (relator) challenging the constitutionality of the Port Authorities Act, K.S.A. 12-3401 et seq., as amended, and requesting the court to oust the Kansas City, Kansas Port Authority (respondent) of all rights, powers, and authority that the court determines are in violation of the Constitution...

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