Citizen sought a court order compelling the City of Topeka to either repeal Ordinance No. 19915 – an ordinance calling for the City to buy property for the purpose of establishing a STAR bond-financed redevelopment district – or to hold a municipal election and let the voters decide the issue.
The Court of Appeals held that, because the law creating STAR bonds – the method chosen by the City to finance its purchase – permits a referendum election only in cases where a protest petition is filed and citizen’s petition was not a protest petition, citizen was not entitled to a writ of mandamus compelling an election or repeal of the ordinance.