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STATE, EX REL., v. CITY OF KANSAS CITY

No. 37,748

169 Kan. 702 (1950)

222 P.2d 714

STATE OF KANSAS ex rel. HAROLD R. FATZER, Attorney General of the State of Kansas, and HAROLD H. HARDING, County Attorney of Wyandotte County, Kansas, Plaintiff, v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation; CLARK E. TUCKER, Mayor Commissioner; EDWARD W. BECKER, Commissioner of Finance, Health and Public Property; and FRANCIS W. BLAKE, Commissioner of Boulevards, Parks and Streets, Defendants.

Supreme Court of Kansas.

Opinion filed October 7, 1950.

Attorney(s) appearing for the Case

Harold R. Fatzer, attorney general, of Topeka, submitted the cause for the plaintiff, and Charles Hobart, of Topeka, assistant attorney general, Harold H. Harding, of Kansas City, county attorney of Wyandotte county, and T.F. Railsback, of Kansas City, special assistant to the attorney general for the purpose of this case, were with him on the briefs for the plaintiff.

James H. Barnes, deputy city attorney, and Edw. M. Boddington, both of Kansas City, argued the cause, and Alton H. Skinner, city attorney of Kansas City, was with them on the briefs for the defendant.

Edw. M. Boddington, J.O. Emerson, and Edw. M. Boddington, Jr., all of Kansas City, were on the briefs for The Kansas City Industrial Protective Association, amici curiae.

Donald H. Corson, of Kansas City, and LeRoy Bradfield, of Bonner Springs, were on the briefs for Quindaro Township, amici curiae.

Leonard O. Thomas, of Kansas City, was on the briefs for rural high-school districts of Wyandotte county.

The opinion of the court was delivered by

HARVEY, C.J.:

This is an original proceedings in quo warranto, brought by the state on the relation of the attorney general and the county attorney of Wyandotte county, which questions the validity of Ordinance No. 35,841 of the city of Kansas City, the county seat of Wyandotte county. By that ordinance the city undertook to enlarge the boundaries of the city so as to include about 960 acres of land, being a part of...

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