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STATE EX REL. KLINE v. BOARD OF COMM'RS OF UNIFIED GOV'T OF WYANDOTTE CTY.

No. 90,578.

277 Kan. 516 (2004)

85 P.3d 1237

STATE OF KANSAS, ex rel. PHILL KLINE, Attorney General, Appellant, v. The UNIFIED BOARD of COMMISSIONERS of the UNIFIED GOVERNMENT of WYANDOTTE COUNTY/KANSAS CITY, KANSAS, and the MAYOR and COUNCIL of the CITY of EDWARDSVILLE, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed March 19, 2004.

Attorney(s) appearing for the Case

Julene L. Miller, deputy attorney general, argued the cause, and Mary D. Feighny, assistant attorney general, and Phill Kline, attorney general, were with her on the briefs for appellant.

Henry E. Couchman, Jr., assistant counsel, Unified Government of Wyandotte County/Kansas City, Kansas, argued the cause, and Harold T. Walker, chief counsel, Unified Government of Wyandotte County/Kansas City, Kansas, and H. Reed Walker, city attorney, City of Edwardsville, Kansas, were with him on the brief for appellees.

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

Rebecca S. Rice, of Topeka, was on the brief for amicus curiae Kansas Beer Wholesalers Association.

Alan Cobb, of Topeka, was on the brief for amicus curiae Kansas Association of Beverage Retailers.

Barkley Clark, Shook, Hardy & Bacon L.L.P., of Overland Park, was on the brief for amicus curiae City Attorneys Association of Kansas.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is a quo warranto and declaratory judgment action filed in district court by the State (on relation of the Attorney General) against the Unified Board of Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas, and the Mayor and Council of the City of Edwardsville, Kansas (Cities). The State sought an order declaring that charter ordinances passed by the Cities to exempt...

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