Runyon v. City of Neosho Rapids

Foth, C.J.:

This is an appeal by the defendants, the City of Neosho Rapids and its governing body, from an order in mandamus requiring an audit of the city’s books and an order allowing attorney fees to the plaintiffs.

On January 12, 1976, plaintiffs, electors of the city, filed a petition with the governing body requesting an audit of the city’s finances for the preceding six year period. Neosho Rapids being a city of the third class a regular annual audit is not required by statute, but the city is governed by K.S.A. 75-1125 (Weeks 1969), and particularly the relevant proviso;

*620“Provided, That…