McAlister v. City of Fairway

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 are in proper form and cariy sufficient genuine signatures from qualified local electors. The controversy arises from the…