Legal Opinion
Heckert Construction Co. v. City of Fort Scott
Supreme Court of Kansas
Decided June 25, 2004No. 90,872PublishedCited by 4 opinions
1Opinion of the Court
The opinion of the court was delivered by
Gernon, J.:
Heckert Construction Company, Inc., (Heckert) and SE-KAN Asphalt Services, Inc., (SE-KAN) challenge the sale of asphalt paving materials by the City of Fort Scott (City) to pri vate citizens and entities. Heckert and SE-KAN claim that the City is selling asphalt paving materials from its municipal asphalt plant in violation of K.S.A. 12-16,121. We agree.
The facts are not in dispute. The City owns and operates a municipal asphalt plant. Following a public hearing, the Fort Scott City Commission (City Commission) determined that asphalt was…
2Cases cited3 opinions
- Williamson v. City of HaysSupreme Court of Kansas · 2003
- GT, Kansas, L.L.C. v. Riley County Register of DeedsSupreme Court of Kansas · 2001
- Reiter v. City of BeloitSupreme Court of Kansas · 1997
3Cited by4 opinions
- Pankratz Implement Co. v. Citizens National BankSupreme Court of Kansas · 2006
- Stueckemann v. City of BasehorSupreme Court of Kansas · 2015
- Attorney General Opinion No., Kansas Attorney General Reports2005
- Stueckemann v. City of BasehorSupreme Court of Kansas · 2015