McALISTER v. CITY OF FAIRWAY

Nos. 99,808, 99,809.

212 P.3d 184 (2009)

James McALISTER, et al., Appellants, v. CITY OF FAIRWAY, Kansas, et al., Appellees.

Supreme Court of Kansas.

July 24, 2009.


Attorney(s) appearing for the Case

Reid F. Holbrook, of Holbrook & Osborn, P.A., of Overland Park, argued the cause, and Michael T. Jilka and Judd L. Herbster, of the same firm, were with him on the briefs for appellants.

Michael J. Davis, of Stinson Morrison Hecker, LLP, of Kansas City, Missouri, argued the cause, and Stephen P. Chinn, of the same firm, was with him on the brief, and Michael K. Seck, of Fisher Patterson Sayler & Smith, LLP of Overland Park, argued the cause and was with them on the brief for appellees.

John R. Hamilton, of Hamilton, Laughlin, Barker, Johnson & Watson, of Topeka, and Dana Berliner and William H. Mellor, of Institute for Justice, of Arlington, Virginia, were on the brief for amici curiae Institute for Justice and the Castle Coalition.

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


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

This is an appeal from a district court's decision on cross-motions for summary judgment involving two proposed city ordinances advanced by citizens of the City of Fairway, Kansas (City), through the initiative and referendum authority granted in K.S.A. 12-3013. The district court ruled the ordinances were not permitted by the statute. It is undisputed the required petitions accompanying these proposed ordinances...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases