State, ex rel. Hecht v. City of Topeka
Annotate this CaseThe City of Topeka attempted to purchase a new police helicopter from Schreib-Air, Inc. with financing by Municipal Services Group, Inc. (MSG) After a lease-purchase agreement was signed, the State filed suit seeking a declaratory judgment that the agreement between the City and Schreib-Air was invalid, void ab initio, and ultra vires because the lease-purchase agreement failed to comply with the cash-basis law. Although the helicopter was never actually purchased, the district court held that the transactions with Schreib-Air and MSG violated the cash-basis law and ordered that any money given to MSG or Schreib-Air related to the helicopter purchase was to be returned. The Supreme Court affirmed, holding that Schreib-Air's agreement with the City was void when entered into because the contract was made in violation of the cash-basis law and, consequently, the contract was unenforceable.
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