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STATE, EX REL., v. BOARD OF COUNTY COMMISSIONERS

No. 39,445

176 Kan. 366 (1954)

270 P.2d 224

THE STATE OF KANSAS, on the relation of HAROLD R. FATZER, Attorney General, Plaintiff, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WABAUNSEE, STATE OF KANSAS, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF POTTAWATOMIE, STATE OF KANSAS, Defendants.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

Ralph W. Oman, of Topeka, argued the cause and Harold R. Fatzer, attorney general, William P. Timmerman, assistant attorney general, and James A. McClure, Robert L. Webb, Philip E. Buzick, Robert A. McClure and James D. Waugh, all of Topeka, were with him on the briefs for the plaintiff; Richard P. Royer and D.M. Sparks, both of St. Marys, of counsel.

James E. Parmiter, county attorney of Wabaunsee county, and Richard M. Pugh, county attorney of Pottawatomie county, both argued the cause and were on the briefs for the defendants.

The opinion of the court was delivered by

SMITH, J.:

This is an original action in quo warranto by the state in the name of the attorney general, whereby the plaintiff asks us to oust two boards of county commissioners from exercising alleged, assumed and illegal powers having to do with the construction of a bridge across the Kaw River, which flows between the two counties. Each of the two boards of county commissioners...

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