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PERRY v. BOARD OF FRANKLIN COUNTY COMM'RS

No. 94,707.

281 Kan. 801 (2006)

SHARI PERRY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF FRANKLIN, ROY DUNN, IN HIS INDIVIDUAL and OFFICIAL CAPACITIES, DONALD HAY, IN HIS INDIVIDUAL and OFFICIAL CAPACITIES, JOHN TAYLOR, IN HIS INDIVIDUAL and OFFICIAL CAPACITIES, DONALD STOTTLEMIRE, IN HIS INDIVIDUAL and OFFICIAL CAPACITIES, and DONALD WAYMIRE, IN HIS INDIVIDUAL and OFFICIAL CAPACITIES, Appellees.

Supreme Court of Kansas.

Opinion filed May 5, 2006.

Attorney(s) appearing for the Case

Penny R. Moylan, of Bennett & Hendrix, L.L.P., of Topeka, argued the cause, and Mark L. Bennett, Jr., of the same firm, was with her on the brief for appellant.

Carl A. Gallagher, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, argued the cause, and Brian J. Zickefoose, of the same firm, and Blaine Finch, county counselor, were with him on the briefs for appellees.

Judith A. Moler, general counsel, was on the brief for amicus curiae Kansas Association of Counties.

Teresa L. Sittenauer, of Fisher, Patterson, Sayler & Smith, L.L.P., was on the brief for amicus curiae Kansas County Officials Association.

The opinion of the court was delivered by

NUSS, J.:

This case concerns the relationship between an elected county official and her county. After the Franklin County Board of County Commissioners passed a resolution assigning the preparation of county employees' payroll to the newly created Human Resources Department, Shari Perry, the county clerk, sought declaratory and injunctive relief. She claimed the resolution was contrary to state law, void, and unenforceable...

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