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  5. 270 S.W.2d 863 (1954)
 

IN THE MATTER OF PROCEEDINGS TO GRADE, ETC.

No. 43962.

270 S.W.2d 863 (1954)

In the Matter of Proceedings to Grade NORTH ELMWOOD AVENUE IN KANSAS CITY, NORTH, Clay County, Missouri. KANSAS CITY, Missouri, Appellant, v. Ben REINWALD et al., Respondents.

Supreme Court of Missouri. Division No. 2.

September 13, 1954.

Attorney(s) appearing for the Case

David M. Proctor, City Counselor, Ben Powers, Asst. City Counselor, Kansas City, Robert F. Sevier, Liberty, for appellant.

Williams & Norton, North Kansas City, for respondents.

LEEDY, Judge.

This appeal arises out of proceedings in the Circuit Court of Clay County brought by City of Kansas City, Missouri, under its Ordinance No. 16013 which authorized the grading of a segment of North Elmwood Avenue in that portion of the city lying in Clay County known as Kansas City, North. Some of the abutting property owners challenged the validity of the proceedings by motion to dismiss. Upon a hearing, their motion was sustained, and judgment of dismissal...

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