Former Prairie Village City Councilor David Morrison has followed through on his promise to appeal his ouster from the city council and the issue is now in the hands of the Kansas Court of Appeals.
Morrison was ousted from public office by Johnson County District Court Judge David Hauber after a non-binding jury heard evidence in early October. Hauber refused to stay the order for Morrison’s seat to be vacated during the appeal.
Morrison also had asked the appeals court to stay the order and allow him to continue serving in the council during the appeal. That motion was denied by the court and a motion by the district attorney to preserve the status quo — keeping Morrison out of office — was granted.
Morrison also asked for the case to be transferred to the Kansas Supreme Court and that was denied as well, according to court records.
The Johnson County District Attorney’s office is defending the appeal rather than the city because it was that office that filed the removal proceedings against Morrison. Attorney Steve Obermeier is handling the case for the county.
Obermeirer said the appeals court is still awaiting transcripts from the case. After that, each side will file briefs and Morrison can request oral arguments. It could be months before the appeal is decided, he said.
A replacement for Morrison, Courtney McFadden, has already been seated on the council to represent Ward 5. Morrison did not respond to requests for comments.