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Andrews v. Board of County Commissioners

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eBook details

  • Title: Andrews v. Board of County Commissioners
  • Author : Supreme Court of Kansas
  • Release Date : January 12, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

The opinion of the court was delivered by This is an action originally brought in the district court by
residents and taxpayers of Cowley county to require a
rearrangement of the three county commissioner districts in that
county under the authority of K.S.A. 19-204. In pertinent part the statute provides:

"The board of county commissioners shall, on the
day of the organization of the board or as soon
thereafter as may be possible, meet and divide the
county into three commissioner districts, as compact
and equal in population as possible, and number them
respectively 1, 2, and 3, and subject to alteration
at least once every three years, but if they fail to
make such division before the election of the county
officers, such failure shall in no case prevent the
election of the commissioners: . . ." (Emphasis
added.) The action was filed in June, 1969. The last major
rearrangement of the three commissioner districts was
accomplished in January. 1964. However, some slight changes to
equalize population were made in April, 1968. After a hearing the
district court found the three districts were not in substantial
compliance with the dictates of K.S.A. 19-204, and ordered a
redistricting of the three commissioner districts. The court
continued to retain jurisdiction of the controversy. Thereafter
the county commissioners rearranged the districts by a resolution
filed in August, 1969. The plan was then submitted to the court
and the rearrangement of August, 1969, was approved. Additional
objections had been filed against the plan by the plaintiffs and
these were considered by the court. The present appeal is from
the order of the district court approving the plan of August,
1969.


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