A lawsuit challenging the city of Topeka’s contract with an interim fire chief will move forward, but a temporary injunction seeking to block the contract won’t.
Shawnee County District Court Judge Rebecca Crotty allowed the case to proceed, as long as state Rep. John Alcala, a former Topeka city councilman, can prove the city’s contract with Goodyear, Ariz., will increase his taxes.
Alcala’s attorney, R.E. “Tuck” Duncan, also sought a temporary injunction to block the city from implementing the contract, which loans deputy fire chief Tim Wayne to Topeka.
Crotty heard nearly three hours of testimony on the lawsuit March 7 and opted to take the case under advisement.
“I’m glad to see this move forward,” Alcala said during a phone interview. “I knew it would be tough, but I think this is a good sign.” In her decision, Crotty also noted that the Attorney General’s Office, the district attorney or a sitting city council member would have stronger legal standing to file a lawsuit. In a motion to dismiss filed last week, Shelly Starr, the city’s chief of litigation, argued that Alcala lacks the legal standing to pursue the lawsuit. Crotty granted Alcala standing, but with a narrow definition. Duncan will have to prove that the interim fire chief contract, which stipulates the city pay monthly installments of $13,600 for at least six months, will cause taxes to go up and adversely impact Alcala’s pocketbook.