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STATE, EX REL., v. CITY OF TOPEKA

No. 39,241

176 Kan. 240 (1954)

270 P.2d 270

THE STATE OF KANSAS, ex rel., DORAL H. HAWKS, County Attorney of Shawnee County, Kansas, Plaintiff, v. THE CITY OF TOPEKA, KANSAS; GEORGE G. SCHNELLBACHER, Mayor; J. GLEN DAVIS, Finance Commissioner; LLOYD B. SMITH, Water Commissioner; C. MADISON WILLIAMS, Street Commissioner; WILLIAM R. YERKES, Park Commissioner, all in their representative capacity, Defendants.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

Lester M. Goodell, of Topeka, argued the cause, and Doral H. Hawks, county attorney, of Shawnee county, and Margaret McGurnaghan, and Frederick A. Mann, both of Topeka, were with him on the briefs for the plaintiff.

Frederic J. Carman, city attorney, of Topeka, and Robert L. Webb, of Topeka, argued the cause, and James A. McClure, Ralph W. Oman, Philip E. Buzick, Robert A. McClure, and James D. Waugh, all of Topeka, were with them on the briefs for the defendants.

The opinion of the court was delivered by

WERTZ, J.:

This is an original proceeding in the nature of quo warranto brought by the State upon the relation of the county attorney of Shawnee county against the City of Topeka, hereafter referred to as the City, and its officers, to oust the City of Topeka from exercising its right of eminent domain in acquiring off-street parking facilities, alleging the statutes in question to be unconstitutional; that the acquisition...

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