Kansas Supreme Court bars municipality from selling paving materials to private entities

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.