State Ex Rel. Stephan v. Johnson

The opinion of the court was delivered by

Allegrucci, J.:

The State of Kansas, through Attorney General Robert T. Stephan, filed this quo warranto action seeking the removal of Everett L. Johnson from the office of board member, District No. 10, Kansas State Board of Education (Board). The district court entered an order granting the State’s motion for summary judgment, and respondent appealed. The Court of Appeals affirmed the district court’s granting of summary judgment. State ex rel. Stephan v. Johnson, 14 Kan. App. 2d 542, 795 P.2d 411 (1990). We granted review.

*287Article 6, § 2 of the Kansas…