McCRAW v. CITY OF MERRIAM

No. 86,127.

271 Kan. 912 (2001)

26 P.3d 689

FRED W. MCCRAW, Appellee/Cross-appellant, v. CITY OF MERRIAM, Appellant/Cross-appellee.

Supreme Court of Kansas.

Opinion filed July 13, 2001.


Attorney(s) appearing for the Case

Lewis A. Heaven, Jr., of Holbrook, Heaven & Osborn, P.A., of Merriam, argued the cause, and John D. Tongier and Richard J. Plouff, of the same firm, were with him on the briefs for appellant and cross-appellee.

Sam L. Colville, of Holman, Hansen, Colville & Coates, P.C., of Overland Park, argued the cause, and Stephen B. Horner, of the same firm, was with him on the briefs for appellee and cross-appellant.

Nancy L. Ulrich, assistant attorney general, and Carla J. Stovall, attorney general, were on the brief for amicus curiae Office of the Attorney General.

Sandra Jacquot, legal counsel, and Donald L. Moler, Jr., executive director, were on the brief for amicus curiae League of Kansas Municipalities.


The opinion of the court was delivered by

LARSON, J.:

This first impression appeal raises the primary question of whether a city election is required before bonds may be issued when a city desires to alter, repair, reconstruct, remodel, replace, make additions to, or furnish and equip a public building or buildings which contain city offices. A secondary issue is whether a violation of the Cash Basis Law, K.S.A. 10...

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