K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-1202 (2026)

Jurisdiction and grounds

✓ current as of May 2026
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60-1202. Jurisdiction and grounds. Such action may be brought in the supreme court or in the district court in the following cases:

(1) When any person shall usurp, intrude into or unlawfully hold or exercise any public office, or shall claim any franchise within this state, or any office in any corporation created by authority of this state.

(2) Whenever any public officer shall have done or suffered any act which by the provisions of law shall work a forfeiture of his or her office.

(3) When any association or number of persons shall act within this state as a corporation, without being legally incorporated.

(4) When any corporation does or omits acts which amount to a surrender or a forfeiture of its rights and privileges as a corporation, or when any corporation abuses its power or exercises powers not conferred by law.

(5) For any other cause for which a remedy might have been heretofore obtained by writ of quo warranto at common law.

History: L. 1963, ch. 303, 60-1202; January 1, 1964.

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1966–2026 · leading case: State ex rel. Schmidt v. City of Wichita, 367 P.3d 282 (Kan. 2016).
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State ex rel. Schmidt v. City of Wichita, 367 P.3d 282 (Kan. 2016). · cites it 2× “In the same order, we continued to stay the district court proceedings. This court is generally granted original jurisdiction over actions in quo warranto under Article 3, § 3 of the Kansas Constitution and K.”
State Ex Rel. Morrison v. Sebelius, 179 P.3d 366 (Kan. 2008). · cites it 2× “Quo Warranto Jurisdiction Article 3, § 3 of the Kansas Constitution grants this court original jurisdiction in quo warranto actions.”
State Ex Rel. Stephan v. Kansas House of Representatives, 687 P.2d 622 (Kan. 1984). · cites it 2× “" K.S.A. 60-1202(1). This court has recognized on several occasions that in a proper case an original action in quo warranto is an appropriate procedure to question the constitutionality of a statute.”
Kelly v. Legislative Coordinating Council, 460 P.3d 832 (Kan. 2020). · cites it 2× “60-1202(1) provides an action in quo warranto may be brought in the Supreme Court "[w]hen any person shall usurp, intrude into or unlawfully hold or exercise any public office, or shall claim any franchise within this state, or any office in any corporation created by authority…”
State v. Morrison, 359 P.3d 60 (Kan. 2015). · cites it 4× “The State contends that the district court applied the correct legal standard and, in turn, properly determined that Morrison's ouster was justified under the facts of this case. 10 K.S.A. 60-1201 states: "Relief in the form of quo warranto shall be obtained under the same…”
State Ex Rel. Stephan v. Finney, 836 P.2d 1169 (Kan. 1992). “’ K.S.A. 60-1202(1). This court has recognized on several occasions that in a proper case an original action in quo warranto is an appropriate procedure to question the constitutionality of a statute.”
Sedlak v. Dick, 887 P.2d 1119 (Kan. 1995). “” K.S.A. 60-1202(1). This court has recognized on several occasions that in a proper case an original action in quo warranto is an appropriate procedure to question tire constitutionality of a statute.”
State Ex Rel. Stephan v. Martin, 641 P.2d 1011 (Kan. 1982). “The Attorney General contends the statute, as amended in 1979, is unconstitutional.”
State Ex Rel. Stephan v. Martin, 641 P.2d 1020 (Kan. 1982). · cites it 2× “The Kansas Supreme Court has original jurisdiction in proceedings in quo warranto, pursuant to Article 3, Section 3 of the Kansas Constitution and K.S.A. 60-1202, but where substantive factual questions are presented, the Supreme Court may transfer an original action to the…”
State Ex Rel. Stephan v. Williams, 793 P.2d 234 (Kan. 1990). ““Next, as to jurisdiction of this court in a quo warranto case, I believe that Williams’ progress in the Morris County case was not always smooth and at one point he countered a position being taken by the trial judge by claiming that the district court lacked jurisdiction of an…”
State Ex Rel. Miller v. Richardson, 623 P.2d 1317 (Kan. 1981). “K.S.A. 60-1202 in pertinent part provides: “Such action may be brought .”
Schwab v. Klapper, 505 P.3d 345 (Kan. 2022). “Petitioners also seek quo warranto relief under K.S.A. 60-1202(1), which permits a quo warranto action to be brought in this court "[w]hen any person shall usurp, intrude into or unlawfully hold or exercise any public office.”
Show all 18 citing cases →
— K.S.A. § 60-1202(1) — 10 cases
State Ex Rel. Morrison v. Sebelius, 179 P.3d 366 (Kan. 2008). “Quo Warranto Jurisdiction Article 3, § 3 of the Kansas Constitution grants this court original jurisdiction in quo warranto actions.”
State Ex Rel. Stephan v. Kansas House of Representatives, 687 P.2d 622 (Kan. 1984). “" K.S.A. 60-1202(1). This court has recognized on several occasions that in a proper case an original action in quo warranto is an appropriate procedure to question the constitutionality of a statute.”
State Ex Rel. Stephan v. Finney, 836 P.2d 1169 (Kan. 1992). “’ K.S.A. 60-1202(1). This court has recognized on several occasions that in a proper case an original action in quo warranto is an appropriate procedure to question the constitutionality of a statute.”
Sedlak v. Dick, 887 P.2d 1119 (Kan. 1995). “” K.S.A. 60-1202(1). This court has recognized on several occasions that in a proper case an original action in quo warranto is an appropriate procedure to question tire constitutionality of a statute.”
Kelly v. Legislative Coordinating Council, 460 P.3d 832 (Kan. 2020). “60-1202(1) provides an action in quo warranto may be brought in the Supreme Court "[w]hen any person shall usurp, intrude into or unlawfully hold or exercise any public office, or shall claim any franchise within this state, or any office in any corporation created by authority…”
— K.S.A. § 60-1202(2) — 1 case
State v. Morrison, 359 P.3d 60 (Kan. 2015). “The State contends that the district court applied the correct legal standard and, in turn, properly determined that Morrison's ouster was justified under the facts of this case. 10 K.S.A. 60-1201 states: "Relief in the form of quo warranto shall be obtained under the same…”
— K.S.A. § 60-1202(5) — 2 cases
Kelly v. Legislative Coordinating Council, 460 P.3d 832 (Kan. 2020). “60-1202(1) provides an action in quo warranto may be brought in the Supreme Court "[w]hen any person shall usurp, intrude into or unlawfully hold or exercise any public office, or shall claim any franchise within this state, or any office in any corporation created by authority…”
Kelly v. Kobach (Kan. 2026).
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