LAMPE v. CITY OF LEAWOOD

No. 38,035

170 Kan. 251 (1950)

225 P.2d 73

CARL LAMPE, Appellant, v. CITY OF LEAWOOD and the BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1950.


Attorney(s) appearing for the Case

Raymond H. Carr, of Mission, argued the cause, and Rolla W. Coleman, of Mission, was with him on the briefs for the appellant.

John W. Breyfogle, Jr., of Olathe, argued the cause, and W. B. Cozad, Clark Kuppinger, and the firm of Morrison, Nugent, Berger, Hecker & Buck, all of Kansas City, Mo., were with him on the briefs for the appellee, City of Leawood.

John Anderson, Jr., county attorney, and John W. Breyfogle, Jr., special counsel, both of Olathe, argued the cause, and were on the briefs for the appellee, The Board of County Commissioners of Johnson County.


The opinion of the court was delivered by

HARVEY, C.J.:

The appeal here is from an order of the district court dismissing the appeal of the present appellant from an order of the board of county commissioners incorporating the city of Leawood, in Johnson county.

The record discloses that on September 22, 1948, a petition to incorporate the city of Leawood as a city of the third class was filed with the board...

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