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STATE EX REL. STEPHAN v. BD. OF SEDGWICK COUNTY COMM'RS

No. 62,486

244 Kan. 536 (1989)

770 P.2d 455

STATE OF KANSAS ex rel. ROBERT T. STEPHAN, Attorney General, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK; TOM SCOTT; BERNARD A. HENTZEN; DAVE BAYOUTH; BILL Q. McCRAY; and MARK SCHROEDER, Appellants.

Supreme Court of Kansas.

Opinion filed March 3, 1989.

Attorney(s) appearing for the Case

Michael D. Pepoon, assistant county counselor, argued the cause, and Robert R. Arnold, county counselor, was with him on the brief for appellants.

Rita L. Noll and Steve A. Schwarm, assistant attorneys general, argued the cause, and Robert T. Stephan, attorney general, was with them on the brief for appellee.

William P. Tretbar, of Fleeson, Gooing, Coulson & Kitch, of Wichita, was on the brief for amicus curiae Wichita Eagle and Beacon Publishing Company, Inc.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is a declaratory judgment action in which the attorney general is asking that the Sedgwick County Board of Commissioners' resolution increasing its quorum requirements be declared void. The district court granted the State's petition and declared the resolution void. The Board of County Commissioners of Sedgwick County appeals and we reverse.

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