A group of citizens is suing the county commissioners. The plaintiffs in the lawsuit include both current commissioners in their capacity as individuals. On 12/30/2024, the lawyer representing the defense of the then-current commission filed a motion to dismiss the lawsuit, claiming that while the plaintiffs may not like agreements made by the commissioners, there is no legal basis for the lawsuit.
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Such a motion would require the judge to rule on whether or not the basis of plaintiffs’ complaints were sound and something where the plaintiffs could potentially win. Basically, a motion to dismiss says, “If we assume that the plaintiff’s arguments were all true, would they win the case? If not, then the case should be dismissed.” If there is no legal basis for the plaintiff’s claims, then there is no reason to proceed with the cost of a lawsuit. If the complaints have a legal basis and they could win, then the lawsuit would proceed.
Plaintiffs’ Petition includes many general frustrations with the terms of the Agreements but the Petition does not identify any contractual defect with the Agreements under Kansas law sufficient to set aside the Agreements.
On 3/26/25, the lawyer for the defense of the current county commission filed a new motion to withdraw the motion to dismiss, potentially extending the lawsuit.
The filing to withdraw the lawsuit is brief and gives no reason for the request to withdraw.
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The prior attorney, Jennifer Hill, filed a motion to remove herself from the case. That was the only topic of the hearing on motions that occurred in the Bourbon County District Court.