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Thursday, March 1, 1990 / University Daily Kansan
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Trafficway bond arguments presented in state high court
By Kathryn Lancaster
Kansan staff writer
The Kansas Supreme Court heard arguments yesterday concerning the legality of a bond issuance for the proposed South Lawrence Traffic
The seven-member court last month withdrew its Dec. 8 ruling that in 1985 Douglas County illegally issued $4 million in general obligation bonds without conducting a vote on the issue. The court now must decide whether to reverse the December ruling.
The court last reversed a decision in 1983, said Ron Keefover, Supreme Court information officer.
One justice, Fred Six of Lawrence, removed himself from the case yesterday because he was absent when the court originally heard the issue. District Judge Paul Miller from Manhattan sat in his place.
Two attorneys, Mary F. Carson and Barkley Clark, presented arguments for the county.
Carson, the county's bond counsel, said the county would suffer disaster-onsense consequences if the court did not reverse its earlier ruling.
In 1985, the county issued
$12,595,000 in general obligation refunding and improvement bonds, she said. The trafficway bonds were included in that package.
Because the bonds are tax-exempt only if legal, bond holders could lose $6.7 million if the court upholds its ruling that the bonds are tax-exempt and could sue the county for three losses.
Clark said that although a Kansas arterial-highway statute mandated a vote when bonds would be issued to finance construction, no statute clearly prohibited the bond issuance without a vote. The county legally asserted home rule authority because no conflict existed.
She asked the court to reverse its earlier decision or to apply the ruling prospectively, meaning the county would suffer no loss in this case.
The burden should be placed on the Legislature to create laws or provisions within the laws that would
The legislation in this case is enabling, not prohibitive, he said. Without prohibitive legislation, the county would be liable to state law or falling under home rule.
The courts have been consistent in
interpreting home rule, he said.
prohibit actions they wish to prevent, he said.
Donald G. Strole, the attorney representing Leslie W. Blevins Sr., the Lawrence resident who filed the lawsuit in 1897, said that home rule authority was misapplied.
When a state statute exists, the county cannot ignore it, Strole said. The home rule act allows counties and cities to adopt resolutions when state legislators are silent on an issue.
In this case, Strole said, a state statute mandated that if the county issued bonds to build the highway, a vote had to be taken.
There would be no conflict if no statute existed or the bonds weren't issued, Strole said.
Keefover said the court was expected to release its written opinion April 13.
Plans for the trafficway, a 14.2 mile, $8.2 million project that would link Kansas Highway 10 with the Kansas Turnpike, hinge on the court's decision. Without the court's approval or legislative intervention, the plans could not be implemented.
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