State ex rel. Schmidt v. City of Wichita

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 113,528 STATE OF KANSAS ex rel. DEREK SCHMIDT, Attorney General, Petitioner, v. CITY OF WICHITA, KANSAS, a Municipal Corporation, Respondent. SYLLABUS BY THE COURT 1. Quo warranto is an appropriate means of attacking the validity of a municipal ordinance. 2. An appellate court may properly entertain an action in quo warranto if it decides the issues raised are of sufficient public concern. 3. Appellate courts generally avoid making unnecessary constitutional decisions. Thus, where there is a valid alternative ground for relief, an appellate…