No. 110,835.

335 P.3d 1204 (2014)

STATE of Kansas, Appellee, v. David Scott MORRISON, Ward 5 Councilman, City of Prairie Village, Johnson County, Kansas, Appellant.

Court of Appeals of Kansas.

October 10, 2014.

Attorney(s) appearing for the Case

Rex A. Sharp and Barbara C. Frankland , of Gunderson Sharp, LLP, of Prairie Village, J. Brett Milbourn , of Walters Bender Strohbehn & Vaughan, PC of Kansas City, Missouri, and Thomas J. Bath, Jr. , of Bath & Edmonds, PA, of Overland Park, for appellant.

Steven J. Obermeier , assistant district attorney, and Stephen M. Howe , district attorney, for appellee.



After a full trial, David Scott Morrison was ousted from public office. Because we find that the undisputed facts of this case do not, as a matter of law, satisfy the criteria for judicial ouster contained in K.S.A. 60-1205, we reverse the decision of the lower court and remand with directions that judgment be entered in Morrison's favor, thus reinstating him to his public office.


Morrison was elected to the Prairie Village City...

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