Salina local news summary

Commission votes to appeal federal court ruling in Cozy Inn lawsuit

Cozy Inn allowed to complete mural immediately under new agreement

Settlement saves city estimated $30,000 in legal fees

Legal counsel outlines two-year timeline for case resolution

City seeks to protect mural festivals during appeal

Commission sets terms for compliance if city wins appeal

Appeal could set national precedent on sign regulation

Commission approves solar panel installation for Senior Services building

County awards $50,000 in opioid abatement grants

Commission votes to appeal federal court ruling in Cozy Inn lawsuit

SALINA, Kan. - The Salina City Commission voted 5-0 to authorize an appeal of a recent ruling by U.S. District Judge John Broomes in favor of the Cozy Inn in the ongoing mural dispute. Special legal counsel Todd Messenger advised the commission that appealing to the 10th U.S. Circuit Court of Appeals is necessary to gain legal clarity on the city of Salina’s definition of “signs” versus “murals.” The previous court order declared the city’s definition unlawful under the First Amendment because it required officials to examine the content of a display to determine how to regulate it.

Cozy Inn allowed to complete mural immediately under new agreement

SALINA, Kan. - Despite the city’s decision to appeal, the owner of the Cozy Inn, Stephen Howard, will be permitted to finish the controversial mural on the side of the restaurant immediately. Under the terms of a stipulation approved by the commission, the city agreed that no further permits or regulatory interventions will occur regarding the completion of the display while the appeal is pending.

Settlement saves city estimated $30,000 in legal fees

SALINA, Kan. — A financial agreement between the city and the Kansas Justice Institute, which represents the Cozy Inn, will result in savings for Salina taxpayers. The plaintiff agreed to waive approximately $100,000 in attorney fees it was entitled to following the district court ruling. In exchange, the city will fund the appeal, which special legal counsel Todd Messenger said is capped at $70,000.

Legal counsel outlines two-year timeline for case resolution

SALINA, Kan. - Special legal counsel Todd Messenger informed the commission that the appellate process will be lengthy. Briefing for the case is expected to begin in the first quarter of 2026. Messenger estimated that between briefing, potential oral arguments in Denver or Salt Lake City, and judicial deliberation, it will likely take 18 to 24 months for the 10th Circuit Court of Appeals to issue a final ruling.

City seeks to protect mural festivals during appeal

SALINA, Kan. - As part of the appeal process, the city and the plaintiff will file a joint motion to stay the district court’s order. If granted, this allows Salina to continue distinguishing between commercial signs and public art for everyone other than the Cozy Inn while the case is in appellate court. Special legal counsel Todd Messenger noted this is vital for ensuring the annual BOOM! Street Art and Mural Festival can continue in 2026 and 2027 without regulatory confusion.

Commission sets terms for compliance if city wins appeal

SALINA, Kan. - The stipulation approved Tuesday outlines a specific path forward should the city eventually win the appeal. If the appellate court reverses the lower court’s decision, the Cozy Inn owner will have 180 days after the conclusion of judicial proceedings to bring the mural into compliance with city code. This could involve altering the sign or applying for a variance through standard administrative procedures.

Appeal could set national precedent on sign regulation

SALINA, Kan. — City officials say the Cozy Inn appeal has implications beyond Salina, as many municipalities across Kansas and the nation use similar definitions for signs and murals. Special legal counsel Todd Messenger said the case has "national significance" because no Supreme Court precedent clearly defines a constitutional standard for the term "sign." The city hopes the 10th Circuit will issue a ruling that allows local governments to regulate commercial signage without infringing on artistic expression.

Commission approves solar panel installation for Senior Services building

SALINA, Kan. - The Board of Commissioners unanimously approved a request to install solar panels on the Senior Services of Central Kansas building, taking advantage of an expiring federal tax credit. The project, awarded to Hutton Construction, requires an initial investment of $124,847, but the county expects to receive a $49,000 investment tax credit if the project is completed before the end of the year, bringing the net cost to approximately $75,000. A county official told commissioners the installation is projected to save the county roughly $316,000 in utility costs over the next 30 years.

County awards $50,000 in opioid abatement grants

SALINA, Kan. - Commissioners authorized the distribution of $50,000 in opioid settlement funds to two local organizations to combat addiction and support recovery. A local workforce-support organization was awarded $16,000 to create a part-time specialist position to help employers support workers in recovery. Saint Francis Ministries, in partnership with Ashby House, received $34,000 to provide housing support, substance use assessments and counseling. The allocations were recommended by a joint city-county review committee based on priorities established in a recent needs assessment.

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