Printable Format60-802. Procedure for relief. (a) Generally. Relief in the form of mandamus shall be obtained under the same procedure as relief in other civil actions. If it be desired in connection with any mandamus proceeding to stay any proceedings or acts pending determination of the mandamus proceeding, the plaintiff may combine therewith an application for relief under article 9 of this chapter. The judgment in mandamus shall specify with particularity the act or acts which the defendant is compelled to perform or enjoined from performing.
(b) Peremptory order. When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory order of mandamus may be allowed in the first instance.
(c) Damages. If judgment be given for the plaintiff, he or she may also recover such damages as he or she may have sustained by reason of the failure of the defendant to perform the specified duty, together with costs.
History: L. 1963, ch. 303, 60-802; January 1, 1964.
Source or prior law:
(a). G.S. 1868, ch. 80, §§ 689, 697; L. 1901, ch. 284, § 1; L. 1909, ch. 182, §§ 715, 723; R.S. 1923, 60-1702, 60-1710.
(b). G.S. 1868, ch. 80, § 691; L. 1909, ch. 182, § 717; R.S. 1923, 60-1704.
(c). G.S. 1868, ch. 80, § 697; L. 1909, ch. 182, § 723; R.S. 1923, 60-1710.
Law Review and Bar Journal References:
"Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 541 (1979).
Attorney General's Opinions:
Tax upon gross earnings derived from money, notes and other evidences of debt. 85-79.
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-1702, 60-1704, 60-1710 and the 1961 Supp. thereto.
1. No substantive change over prior law (dissenting opinion). Mobil Oil Corporation v. McHenry, 200 K. 211, 247, 436 P.2d 982.
2. Refusal of watershed district to hold election unreasonable; attorneys' fees recoverable as damages. Barten v. Turkey Creek Watershed Joint District No. 32, 200 K. 489, 490, 510, 438 P.2d 732.
3. Statute does not require county attorney to furnish addresses or telephone numbers of witnesses endorsed on the information. State v. Cippola, 202 K. 624, 630, 451 P.2d 199.
4. Action for attorney's fees recoverable as damages under subsection (c) must fail if action of mandamus fails. Will v. City of Herington, 205 K. 422, 425, 469 P.2d 256.
5. Cited; action under 12-712 not a mandamus action; attorney fees not allowable. Gaslight Villa, Inc. v. City of Lansing, 213 K. 862, 872, 518 P.2d 410.
6. Attorney fees allowed in mandamus action only where failure to perform duties imposed by law unreasonable; denial upheld. Seaman Dist. Teachers' Ass'n v. Board of Education, 217 K. 233, 242, 535 P.2d 889.
7. Judgment entered for senator elect directing secretary of state to read name at preorganization meeting; 46-143 construed. Rogers v. Shanahan, 221 K. 221, 565 P.2d 1384.
8. Action in mandamus; action of defendants held not unreasonable; no attorney fees awarded. Cities Serv. Oil Co. v. Board of County Comm'rs, 224 K. 183, 189, 578 P.2d 718.
9. Mandamus powers discussed; district judge cannot appoint inmates to represent other inmates in court proceedings. State ex rel. Stephan v. O'Keefe, 235 K. 1022, 1024, 1036, 686 P.2d 171 (1984).
10. Cited; reasonableness of register of deeds in refusing to file mortgage with open-ended future advance clause examined. Halliburton Co. v. Board of Jackson County Comm'rs, 12 K.A.2d 704, 755 P.2d 1344 (1988).
11. Cited; authority of sentencing court and secretary of corrections concerning confinement (21-4601, 21-4603) distinguished; procedures under 60-1501 et seq. examined. State ex rel. Stephan v. Clark, 243 K. 561, 563, 759 P.2d 119 (1988).
12. Whether Kansas board of healing arts is immune from damage claim pursuant to mandamus action examined. Corder v. Kansas Board of Healing Arts, 256 K. 638, 641, 658, 889 P.2d 1127 (1994).
13. Whether punitive damages may be awarded in action to set aside fraudulent conveyance examined. Golconda Screw, Inc. v. West Bottoms Ltd., 20 K.A.2d 1002, 1009, 894 P.2d 260 (1995).
14. Attorney fees were properly denied where county declined to issue tax refunds until matter settled by court. American Home Life Ins. Co. v. Board of Shawnee County Comm'rs, 22 K.A.2d 18, 25, 913 P.2d 1211 (1995).
15. 20-1203 punishment powers authorize district judge to impose attorney fees as a sanction in direct contempt of tardy or absent attorney. State v. Jenkins, 263 K. 351, 356, 950 P.2d 1338 (1997).
16. Trial court did not err by awarding attorney fees to plaintiffs as damages. Link, Inc. v. City of Hays, 268 K. 372, 374, 997 P.2d 697 (2000).
17. Prerequisite to awarding damages in mandamus action is that plaintiff shall have been given judgment. State ex rel. Slusher v. City of Leavenworth, 285 K. 438, 449, 450, 172 P.3d 1154 (2007).
18. Cited; remedy of mandamus available only to compel performance of clearly defined official duty, not to control discretion. Collins v. Hoeme, 40 K.A.2d 93, 100, 189 P.3d 566 (2008).