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

No. 41,072

186 Kan. 190 (1960)

350 P.2d 37

STATE OF KANSAS, ex rel., ROBERT J. FOSTER, County Attorney of Wyandotte County, Kansas, Plaintiff, v. 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; PHILLIPS PETROLEUM COMPANY, a Corporation, UNION PACIFIC RAILROAD COMPANY, a Corporation, SEALRIGHT-OSWEGO FALLS CORPORATION, a Corporation, and GIRTEN INVESTMENT COMPANY, a Corporation, Petitioners for Leave to Intervene.

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

John Anderson, Jr., attorney general, argued the cause, and Robert E. Hoffman and A.K. Stavely, assistant attorneys general, were with him on the briefs for plaintiff.

Leonard O. Thomas, of Kansas City, argued the cause, and J. D. Lysaught, Robert H. Bingham, Ervin G. Johnston, Thomas M. Van Cleave, James J. Lysaught, Williard L. Phillips, Thomas M. Van Cleave, Jr., J.E. Schroeder, and Lee E. Weeks, all of Kansas City, were with him on the briefs for defendant Quindaro township.

J.W. Mahoney, of Kansas City, argued the cause, and C.W. Brenneisen, Jr., and George E. Haley, both of Kansas City, were with him on the briefs for defendant city of Kansas City.

Thomas M. Lillard and O.B. Eidson, both of Topeka, and Nona E. Snyder, of Kansas City, were on the briefs for intervenors Union Pacific Railroad Company.

Leonard O. Thomas, Robert H. Bingham, and Ervin G. Johnston, all of Kansas City, were on the briefs for intervenors Phillips Petroleum Company, Sealright-Oswego Falls Corporation, and Girten Investment Company.

The opinion of the court was delivered by

ROBB, J.:

This original proceeding in quo warranto commenced by the state, on the relation of the county attorney, seeks to test the validity of certain ordinances of the city of Kansas City by requiring the defendant city officials, Mitchum, Swarner, and Regan, in their official capacity, to show by what authority they assumed a portion of the Fairfax industrial district and made it part of the city when they enacted...

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