FARHA v. CITY OF WICHITA

No. 95,445.

161 P.3d 717 (2007)

Michael A. FARHA, individually and on behalf of a class of all other similarly situated individuals, Appellants, v. CITY OF WICHITA, Appellee.

Supreme Court of Kansas.

July 13, 2007.


Attorney(s) appearing for the Case

Robert W. Coykendall, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Tim J. Moore and Ryan M. Peck, of the same firm, and Stephen W. Brown, of Megaffin, Brown & Lynch, Chtd., of Pratt, were with him on the briefs for appellants.

Jay C. Hinkel, assistant city attorney, argued the cause, and Gary E. Rebenstorf, city attorney, and Sharon L. Dickgrafe, assistant city attorney, were with him on the brief for appellee.

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

Robert J. Watson, city attorney, and Neil R. Shortlidge, of Stinson Morrison Hecker, LLP, of Overland Park, and Kathryn P. Peters, of Kutak Rock, LLP, of Kansas City, Missouri, were on the brief for amicus curiae City of Overland Park, Kansas.


The opinion of the court was delivered by BEIER, J.:

In this appeal from a district court summary judgment in favor of defendant City of Wichita, the plaintiff class claims the City exceeded limitations on home rule power by assessing and collecting court costs in municipal cases.

Plaintiff class representative Michael A. Farha pursued this action as a result of his October 2001 conviction of inattentive driving in Wichita municipal court. He was fined $100...

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