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STATE EX REL. TOMASIC v. UNIFIED GOV'T OF WYANDOTTE COUNTY/KANSAS CITY

No. 81,074.

265 Kan. 779 (1998)

962 P.2d 543

STATE OF KANSAS ex rel. NICK A. TOMASIC, WYANDOTTE COUNTY DISTRICT ATTORNEY, Relator, v. THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, Respondent.

Supreme Court of Kansas.

Opinion filed July 10, 1998.

Attorney(s) appearing for the Case

Nick A. Tomasic, district attorney, and Michael P. Howe and Thomas M. Martin, of Lewis, Rice & Fingersh, L.C., of Kansas City, Missouri, argued the cause and were on the brief for relator.

N. Cason Boudreau, deputy chief counsel of Unified Government of Wyandotte County/Kansas City, argued the cause, and Harold T. Walker, chief counsel, and Stephen P. Chinn, T. Chris Williams, and David W. Bushek, of Stinson, Mag & Fizzell, P.C., of Kansas City, Missouri, were with him on the brief for respondent.

Joseph R. Borich, III, argued the cause, and Douglas J. Patterson, of Leawood, was with him on the brief for amicus curiae Property Owners.

The opinion of the court was delivered by

ABBOTT, J.:

This is an original proceeding in quo warranto. The action was filed by Wyandotte County District Attorney Nick Tomasic, seeking rulings concerning the proposed construction of an auto race track facility and related projects in Wyandotte County. Respondent is the Unified Government of Wyandotte County/ Kansas City, Kansas.

In general, relator seeks (1) a determination that some of the amendments...

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