Case Details


Attorney General Control Of Litigation, Attorney General May Challenge Constitutionality Of State Statute

Filing State



Kansas Supreme Court




State ex rel. Six v. Kansas Lottery, 186 P.3d 183 (Kan. 2008)


The attorney general is the proper party to bring an action questioning the authority of a governmental agency. The action is to be brought in the name of the State on the relation of the attorney general or a county attorney.

Case Description

The Kansas Constitution banned lotteries unless they were controlled by the state. The attorney general filed an original action in quo warranto and mandamus challenging the constitutionality of the Expanded Lottery Act, on the grounds that the lottery was not sufficiently state-controlled. The district court found the lottery was constitutional and the Attorney General appealed. The Kansas Supreme Court held that the Attorney General was the proper party to challenge the constitutionality of a statute, and the suit should be brought in the name of the state. The court upheld the statute as constitutional.