CITY OF TOPEKA v. IMMING

No. 112,869.

344 P.3d 957 (2015)

CITY OF TOPEKA, Kansas, Plaintiff-Appellee, and Jayhawk Racing Properties, LLC, Intervenor-Appellee, v. Christopher IMMING, Defendant-Appellant.

Court of Appeals of Kansas.

March 11, 2015.


Attorney(s) appearing for the Case

Robert E. Duncan, II , of Topeka, for defendant-appellant.

Catherine P. Logan and Mark A. Samsel , of Lathrop & Gage LLP, of Overland Park, for plaintiff-appellee City of Topeka.

Kevin M. Fowler , John C. Frieden , and Eric I. Unrein , of Frieden, Unrein & Forbes, LLP, of Topeka, for intervenor-appellee Jayhawk Racing Properties, LLC.

Before HILL, P.J., ARNOLD-BURGER and SCHROEDER, JJ.


The only question we must answer in this appeal is whether Christopher Imming is entitled to a court order compelling the City of Topeka to either repeal Ordinance No. 19915 — an ordinance calling for the City to buy Heartland Park of Topeka — or hold a municipal election and let the voters decide the issue. Because the law...

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