City of Roeland Park v. Cross

The opinion of the court was delivered by

McFarland, J.:

This is a declaratory judgment action wherein the City of Roeland Park and its mayor sought adjudication of the city’s right to remove defendant Frederick K. Cross from the position of city attorney. Mr. Cross appeals from the trial court’s decision herein.

In the early part of 1979 defendant, in his official capacity as city attorney of Roeland Park, directed a memorandum to the city’s municipal judge concerning implementation of a proposed diversionary program. Subsequently, the memorandum was brought to the attention of the news media.…