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CITY OF SALINA v. THOMPSON, TRUSTEE OF MO. PAC. RLY.

No. 37,919

169 Kan. 579 (1950)

220 P.2d 147

In the Matter of the Petition of the City of Salina to the Board of County Commissioners of Saline County, Kansas, for Findings as to the Advisability of Adding Territory to the City of Salina. CITY OF SALINA, Appellee, v. GUY A. THOMPSON, Trustee of Missouri Pacific Railroad Company, Appellant.

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

Ralph M. Hope, of Wichita, argued the cause, and Ralph Knittle, of Salina, and W.F. Lilleston, of Wichita, were with him on the briefs for the appellant.

James P. Mize, of Salina, argued the cause, and C.L. Clark and Jason K. Yordy, also of Salina, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an appeal by an interested landowner to the district court of Saline county from findings of the board of county commissioners allowing addition of described territory to the City of Salina upon petition of the city to that board under G.S. 1935, 12-501 and 12-502. Provision for such appeal is made in section 12-502a. The appeal was resisted by the city on the ground that said section 12-502a is...

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