STATE, EX REL., v. CITY OF KANSAS CITY

No. 40,292

181 Kan. 870 (1957)

317 P.2d 806

STATE OF KANSAS, ex rel. DONALD E. MARTIN, County Attorney of Wyandotte County, Kansas, Plaintiff, v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation; PAUL F. MITCHUM, Mayor-Commissioner; EARL B. SWARNER, Commissioner of Finance, Health and Public Property; JOSEPH P. REGAN, Commissioner of Boulevards, Parks and Streets; and QUINDARO TOWNSHIP, WYANDOTTE COUNTY, KANSAS, a body politic and corporate, Defendants.

Supreme Court of Kansas.

Opinion filed November 9, 1957.


Attorney(s) appearing for the Case

Arthur J. Stanley, Jr., of Kansas City, argued the cause, and Donald E. Martin, of Kansas City, county attorney, and Newell George, of Kansas City, assistant county attorney, and Leonard O. Thomas, of Kansas City, were with him on the briefs for the plaintiff.

J.W. Mahoney, of Kansas City, argued the cause, and Charles W. Brenneisen, David W. Carson, Joseph T. Carey and Francis J. Donnelly, all of Kansas City, appeared with him on the briefs for defendant city of Kansas City.


The opinion of the court was delivered by

WERTZ, J.:

This is a proceeding in the nature of quo warranto brought in the name of the state of Kansas on relation of the county attorney of Wyandotte county against the city of Kansas City, a municipal corporation, and the mayor and city commissioners thereof, to question the validity of city ordinance No. 40,220, whereby the city sought to annex a tract of land within Quindaro township. This tract consists of approximately...

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