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STATE, EX REL., v. CITY OF CHANUTE

No. 40,108

179 Kan. 155 (1956)

292 P.2d 687

STATE OF KANSAS, ex rel., CHARLES F. FORSYTH, County Attorney, Neosho County, Kansas, Plaintiff, v. THE CITY OF CHANUTE, KANSAS, and C.W. RICE, J.D. LIGHTFOOT and RANDALL L. DIVER, Commissioners of the City of Chanute, Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed January 28, 1956.

Attorney(s) appearing for the Case

Charles F. Forsyth, County Attorney, of Erie, argued the cause and was on the briefs for the plaintiff.

Robert L. Briley, City Attorney, of Chanute, argued the cause and Joe F. Balch, of Chanute, was with him on the briefs for the defendants.

The opinion of the court was delivered by

SMITH, J.:

This is a quo warranto action brought originally in this court, wherein the state on the relation of the county attorney of Neosho county seeks to oust the city commissioners of Chanute from proceeding under the provisions of Chapter 101, Section 1, Session Laws of 1955, to acquire land for off-street parking facilities.

The county attorney filed a petition. The city commissioners filed their answer...

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