ROBINSON v. KANSAS STATE HIGH SCHOOL ACTIVITIES ASS'N

No. 74,817.

260 Kan. 136 (1996)

917 P.2d 836

BROOK ROBINSON, Parent and Natural Guardian of Brook Robinson, Jr., and Brandon Robinson; and CHARLES GUNTER, Parent and Natural Guardian of Charles Gunter, Jr., and Mario Gunter, Appellees, v. THE KANSAS STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, INC., Appellant.

Supreme Court of Kansas.

Opinion filed May 31, 1996.


Attorney(s) appearing for the Case

Randall J. Forbes, of Frieden, Haynes & Forbes, of Topeka, argued the cause, and Kevin M. Fowler, of the same firm, was with him on the briefs for appellant.

Ken M. Peterson, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause and Ralph R. Brock, of the same firm, was with him on the brief for appellees.

Allen R. Slater, Craig T. Kenworthy, and Karen Zambri Schutter, of Swanson, Midgley, Gangwere, Kitchin & McLarney, LLC, of Overland Park, were on the brief for amicus curiae National Federation of State High School Associations, Inc.

George C. Bruce and Kathryn Gardner, of Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., of Wichita, were on the brief for amicus curiae Missouri Valley Swimming, Inc.

John P. Woolf and Jeffery C. Dahlgren, of Triplett, Woolf & Garretson, LLP, of Wichita, were on the brief for amicus curiae U.S.A. Wrestling-Kansas, Inc.


The opinion of the court was delivered by

SIX, J.:

This case addresses the rule-making authority of the Kansas State High School Activities Association, Inc. (KSHSAA). The district court after a bench trial enjoined enforcement of all KSHSAA rules, holding the rules are void ab initio because they are the product of an unconstitutional delegation of legislative power. According to the district court, the rules violate...

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