STATE EX REL. SIX v. KANSAS LOTTERY

No. 99,957.

186 P.3d 183 (2008)

STATE, EX REL. Stephen N. SIX, Attorney General, Appellant, v. KANSAS LOTTERY and Ed Van Petten, Appellees.

Supreme Court of Kansas.

June 27, 2008.


Attorney(s) appearing for the Case

Michael C. Leitch, deputy attorney general, argued the cause, and Steven W. Allton, assistant attorney general, was with him on the briefs for the appellant.

Dan Biles, of Gates, Biles, Shields & Ryan, P.A., of Overland Park, argued the cause and was on the briefs for the appellees.

Nathan D. Leadstrom, Wayne T. Stratton, and Arthur E. Palmer, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, were on the brief for amicus curiae Stand Up for Kansas, Inc.

David Prager, III, of Mayetta, and William P. Tretbar, Lyndon W. Vix, Stephen E. Robinson, and Brooks G. Kancel, of Fleeson Gooing Coulson & Kitch, LLC, of Wichita, were on the brief for amicus curiae Prairie Band Potawatomi Nation.

Michael J. Davis, of Stinson Morrison Hecker LLP, of Kansas City, Missouri, was on the brief for amicus curiae The Woodlands.

Teresa L. Watson and David R. Cooper, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, were on the brief for amici curiae Cherokee County, Kansas, and Sumner County, Kansas.


The opinion of the court was delivered by ROSEN, J:

This case comes before the court on a direct appeal pursuant to K.S.A.2007 Supp. 60-2102(b)(2). The appellant seeks review of an order of the district court upholding the constitutionality of the Kansas Expanded Lottery Act (KELA), K.S.A.2007 Supp. 74-8733 et seq.

This appeal asks us to resolve tension among the historical ban on lotteries contained in the Kansas Constitution, later amendments to the...

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