State ex rel. Schmidt v. City of Wichita

I concur with the result that quo warranto is an appropriate remedy that must issue because initiative supporters failed to comply with K.S.A. 12-3013(a) by not filing both the petition and the proposed ordinance with the city clerk. There is no escaping that conclusion.

I dissent from the majority’s choice to evade the more substantive constitutional and statutory questions presented by this controversy, i.e., (1) whether the ordinance impermissibly conflicts with, and is therefore preempted by, uniform state law under the Home Rule Amendment to the Kansas Constitution, Article 12, § 5(b);…