State v. MorrisonAnnotate this Case
After the Prairie Village City Council voted to oust David Scott Morrison from his position on the City Council, the State brought a quo warranto petition requesting that Morrison be removed from office pursuant to Kan. Stat. Ann. 60-1205. The district court entered an order removing Morrison for office, concluding that the evidence was sufficient to show that Morrison willfully engaged in misconduct while in office and willfully neglected to perform a duty enjoined upon him by law. The Court of Appeals reversed and ordered that Morrison be reinstated to his public office, concluding that the undisputed facts did not satisfy the criteria for judicial ouster as a matter of law. The Supreme Court reversed both the district court and the Court of Appeals, holding that the lower courts misapplied the standard required for ouster under sections 60-1205(1) and (2). Remanded for further proceedings.