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Kansas court says lawsuit over 2009 budget move will proceed

TOPEKA, Kan. (AP) — The Kansas Supreme Court is allowing businesses and trade groups to go forward with a lawsuit challenging a financial maneuver used by the state in 2009 to help balance its budget.

The court issued its ruling Friday. The case received widespread attention after it was filed in 2010 because one of the suing parties’ attorneys was then-House Speaker Mike O’Neal.

The lawsuit challenged a decision by legislators and former Gov. Mark Parkinson to divert fees paid by businesses to finance their state regulators to general government programs instead.

The lawsuit argued the state exceeded its police powers in sweeping the funds and sought to prevent a future repeat.

A Shawnee County judge dismissed the lawsuit, but the state Court of Appeals reinstated it. The Supreme Court upheld the reinstatement.

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