On June 25, 2004, the Kansas Supreme Court held that the City of Fort Scott was barred by K.S.A. 12-16,121 from selling asphalt paving materials to private persons or entities because of a lack of evidence supporting the City Commission's finding that such materials were not readily available from a nongovernmental entity. Heckert Construction Co. v. City of Fort Scott, No. 90,872. The court's opinion also includes a discussion of the legal standard for determining when the decision of a legislative body is deemed to be quasi-judicial.
