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STATE, EX REL., v. CITY OF GARNETT

No. 40,252

180 Kan. 405 (1956)

304 P.2d 555

THE STATE OF KANSAS on the relation of Roy L. Cole, as County Attorney of Anderson County, Kansas, Appellant, v. CITY OF GARNETT, a municipal corporation; EARL SNYDER, as Mayor of the City of Garnett; HENRY ALLEN, as Commissioner of Finance and Revenue of the City of Garnett; L.C. PAGE, (ROBERT D. GARRETT, substituted), as Commissioner of Streets and Public Utilities of the City of Garnett; and HARLEY GIBSON, JR., as City Clerk of the City of Garnett; and THE FREETO CONSTRUCTION COMPANY, a corporation; THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ANDERSON, a municipal corporation, and CLAUDE BOOTS, H.L. KELLEY and GARLAND BADDERS, as the Members of said Board, Appellees.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Stanley E. Toland, of Iola, argued the cause, and John Anderson, Jr., attorney general, Paul E. Wilson, assistant attorney general, Roy L. Cole, county attorney, of Garnett, and Orville J. Cole, of Garnett, were with him on the briefs for the appellant.

Clark Howerton, of Garnett, argued the cause, and Gwinn G. Shell, and Wayne Loughridge, both of Garnett, were with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action by the State on relation of the county attorney of Anderson county to declare the acts of the board of county commissioners of the county in granting an easement, to a certain portion of the courthouse square to the city of Garnett, illegal and to enjoin the city from proceeding to widen the street surrounding the courthouse square. From an order of the trial court sustaining a demurrer...

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