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HECKERT CONSTRUCTION CO. v. CITY OF FT. SCOTT

No. 90,872.

278 Kan. 223 (2004)

91 P.3d 1234

HECKERT CONSTRUCTION COMPANY, INC., and SE-KAN ASPHALT SERVICES, INC., Appellants, v. CITY OF FORT SCOTT, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed June 25, 2004.

Attorney(s) appearing for the Case

Clinton E. Patty, of Frieden, Haynes & Forbes, of Topeka, argued the cause and was on the briefs for appellants.

Robert L. Farmer, of Nuss and Farmer, P.A., of Fort Scott, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

GERNON, J.:

Heckert Construction Company, Inc., (Heckert) and SE-KAN Asphalt Services, Inc., (SE-KAN) challenge the sale of asphalt paving materials by the City of Fort Scott (City) to private citizens and entities. Heckert and SE-KAN claim that the City is selling asphalt paving materials from its municipal asphalt plant in violation of K.S.A. 12-16,121. We agree.

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