Hutchinson ? Several western Kansas counties have agreed to join Shawnee County in a planned lawsuit against the state to collect underpayments of highway funds.

In April, Shawnee County invited all 19 other counties affected by the state’s errors to join in the lawsuit. As of Friday, the counties joining Shawnee County were Rice, Ness, Russell, Lane, Trego, Cowley, Geary and Leavenworth.

A combination of errors dating back to 1999 in the state treasurer’s office resulted in the improper distribution of fuel tax revenues. Some counties received more than they should have, while other counties were underpaid.

The state Legislature this year addressed the matter, but the counties received restoration of the shortfall for only three years, not the full nine years, Shawnee County counselor Richard Eckert said.

The lawsuit will target that six-year gap. Eckert emphasized the suit will not ask the court to take money from the other 85 counties.

Butler County is the only county among the 20 that has officially declined to be part of the suit, citing a desire not to take money from other counties, Eckert said. But he stressed that he will not sue the other 85 counties or attempt to get money from them.

“We’re simply asking the state of Kansas to make us whole,” he said.

A lack of data was cited as the reason for a limited restoration of funds, but Eckert said, “That doesn’t matter to us. We’ve been wronged.”

In Shawnee County, the six-year gap that wasn’t covered translates into a $6.5 million to $7 million loss, Eckert said. Douglas County lost more than $2 million, while Leavenworth County lost more than $1 million.

One method to calculate the six-year funding shortfall is to multiply by two the three-year allocation already paid, Eckert suggested.

Using that yardstick, the six-year gap for these regional counties is equal to a shortfall of: Comanche, $31,050; Grant, $23,654; Lane, $13,972; Ness, $26,000; Rice, $19,560; Russell, $37,220; and Stevens, $15,065.

Ascertaining the amount owed each county would be part of the discovery process in the litigation, said Barton County counselor Richard Boeckman. Barton County could vote today to add itself to Shawnee County’s lawsuit.

Eckert would act as the attorney for the plaintiffs and plans to file the suit this month in Shawnee County District Court. If the suit fails, Eckert said, the other participating counties would not be billed for legal fees. If the counties prevail, they would help pay legal expenses on a prorated basis.