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STATE, EX REL., v. CITY OF TOPEKA

No. 39,342

175 Kan. 488 (1953)

264 P.2d 901

THE STATE OF KANSAS, ex rel., DORAL H. HAWKS, as County Attorney of Shawnee County, Kansas, Plaintiff, v. THE CITY OF TOPEKA, KANSAS, a Municipal Corporation; GEORGE G. SCHNELLBACHER, as Mayor of the City of Topeka, Kansas; LLOYD B. SMITH, as Commissioner of Water of the City of Topeka, Kansas; J. GLEN DAVIS, as Finance Commissioner of the City of Topeka, Kansas; C. MADISON WILLIAMS, as Commissioner of Streets of the City of Topeka, Kansas; and WILLIAM H. YERKES, as Commissioner of Parks and Public Property of the City of Topeka, Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

Otis S. Allen, of Topeka, Kansas, argued the cause, and Doral H. Hawks, of Topeka, Kansas, county attorney, and Maurice D. Freidberg, of Topeka, Kansas, assistant county attorney, and George S. Allen, of Topeka, Kansas, were with him on the brief for the plaintiff.

Frederic J. Carman, city attorney, and Mark L. Bennett, both of Topeka, Kansas, argued the cause, and James H. Hope, and Malcolm G. Copeland, assistant city attorneys, of Topeka, Kansas, and J.E. DuMars, and Clayton M. Davis, both of Topeka, Kansas, were with them on the briefs for the defendants.

The opinion of the court was delivered by

THIELE, J.:

This is an original action in quo warranto commenced on October 8, 1953, in which the state challenges the validity of an ordinance of the city of Topeka annexing certain territory and seeks to have the city ousted from exercising illegal power in making the annexation.

As the matter is submitted to us on a demurrer to the petition, there is no dispute...

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