BOARD OF LINCOLN COUNTY COMM'RS v. NIELANDER

No. 88,844

275 Kan. 257 (2003)

62 P.3d 247

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LINCOLN, KANSAS, Appellee, v. WRAY NIELANDER and JACK JACKSON, Appellants.

Supreme Court of Kansas

Opinion filed January 31, 2003.


Attorney(s) appearing for the Case

David R. Cooper, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, argued the cause, and Julie A. McKenna, of McKenna & Trochek, of Salina, was with him on the brief for appellants.

Wendall F. Cowan, of Shook, Hardy & Bacon L.L.P., of Overland Park, argued the cause, and Michael T. Jilka, of the same firm, was with him on the brief for appellee.

Alan F. Alderson, of Alderson, Alderson, Weiler, Conklin, Burghart & Crow, L.L.C., of Topeka, was on the brief for amici curiae Kansas County Treasurers Association, Kansas Registers of Deeds Association, Kansas County Clerks and Election Officials Association, and Kansas County Sheriffs Association.


The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal from an injunction that permitted a board of county commissioners to fire a deputy sheriff and enjoined the sheriff to secure advance approval by the board of county commissioners for expenditures in excess of $250.

Jack Jackson, who resided in Salina, Kansas, was employed by Lincoln County Sheriff Wray Nielander as a part-time deputy from November 3, 2001, until January 1, 2002...

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