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State ex rel. Tomasic v. Unified Government of Wyandotte County/Kansas City, Kansas

955 P.2d 1136 (1998)

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State ex rel. Tomasic v. Unified Government of Wyandotte County/Kansas City, Kansas

Kansas Supreme Court
955 P.2d 1136 (1998)

SC

Facts

Wyandotte County (the county) consisted of Kansas City (the city), three municipalities, and one unincorporated area. The Kansas legislature passed the Consolidation Act (the act), which established a private commission to study the idea of consolidating the governments of the county and the city. The act provided standards on which the commission should base its determination of the desirability of a two-tier government and provided details on how the commission should formulate the government structure once that determination was made. The commission drafted a comprehensive plan (the plan) establishing a two-tier form of government known as the Unified Government of Wyandotte County/Kansas City, Kansas (unified government) (defendant). Under the plan, the governments of the county and the city were abolished in favor of a governing body comprising a mayor/chief executive and a 10-person board of commissioners. The plan was placed on the ballot, was approved by county voters, and went into effect. Wyandotte County district attorney Nick Tomasic (plaintiff) filed a quo warranto action against the unified government, asserting that the form of government was improperly formulated by a non-legislative body.

Rule of Law

Issue

Holding and Reasoning (Abbott, J.)

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