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STATE EX REL. STEPHAN v. FINNEY

No. 69,616

254 Kan. 632 (1994)

867 P.2d 1034

STATE OF KANSAS, ex rel. ROBERT T. STEPHAN, Attorney General, Petitioner, v. THE HONORABLE JOAN FINNEY, Governor of the State of Kansas, Respondent.

Supreme Court of Kansas.

Opinion filed January 27, 1994.

Attorney(s) appearing for the Case

Carla J. Stovall, special assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, and Jeffrey A. Chanay, of Entz & Chanay, of Topeka, were with her on the briefs for petitioner.

Pedro L. Irigonegaray, of Irigonegaray & Associates, of Topeka, argued the cause, and Elizabeth R. Herbert and Robert V. Eye, of the same firm, were with him on the briefs for respondent.

David V. Schneider, of Topeka, was on the brief for amicus curiae Kansans for Life at Its Best.

The opinion of the court was delivered by

LOCKETT, J.:

In accordance with Senate Resolution 1844, dated March 30, 1993, the Attorney General filed this mandamus and quo warranto action to determine the Governor's authority to negotiate compacts with Indian tribes which authorize casino gambling or other Class III gaming on Indian lands which is not specifically authorized by Kansas statute or by the Kansas Constitution. Respondent removed the matter to the...

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