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STATE EX REL. TOMASIC v. UNIFIED GOV. OF WYANDOTTE COUNTY/KANSAS CITY

No. 80,223.

264 Kan. 293 (1998)

955 P.2d 1136

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 March 6, 1998.

Attorney(s) appearing for the Case

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

Harold T. Walker, chief counsel, of Unified Government of Wyandotte County/ Kansas City, argued the cause, and N. Cason Boudreau, deputy city attorney, and Michael M. Schultz and Daniel B. Denk, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, and Kathryn Pruessner Peters and Norman E. Gaar, of McDowell, Rice, Smith & Gaar, of Overland Park, were with him on the brief for respondent.

Christopher K. McKenzie, of Topeka, and Donald L. Moler, Jr., of Topeka, were on the brief for amicus curiae League of Kansas Municipalities.

The opinion of the court was delivered by

ABBOTT, J.:

This is an original action in quo warranto. The action was filed by Wyandotte County District Attorney Nick Tomasic seeking a ruling on the constitutionality of the Consolidation Act, K.S.A. 1997 Supp. 12-340 et seq., which authorized a procedure whereby the voters of Wyandotte County (County) could adopt a consolidated government for County and Kansas City, Kansas (City).

The parties filed...

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