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

No. 41,915

187 Kan. 286 (1960)

356 P.2d 859

STATE OF KANSAS, ex rel. ROBERT J. FOSTER, County Attorney of Wyandotte County, Appellant, v. CITY OF KANSAS CITY, a Municipal Corporation, et al., Appellees.

Supreme Court of Kansas.

Opinion filed November 12, 1960.


Attorney(s) appearing for the Case

James J. Lysaught, of Kansas City, argued the cause, and Robert J. Foster, county attorney, was with him on the briefs for the appellant; Joseph H. McDowell and Thomas C. Lysaught, for Wyandotte township and Conrad Miller, for Shawnee township, all of Kansas City, were on the briefs as amici curiae.

Harold H. Harding, of Kansas City, argued the cause, and C. W. Brenneisen, Jr., Donald H. Corson, Jr., Joseph A. Bukaty and C.W. Lowder, all of Kansas City, were with him on the briefs for the appellees.


The opinion of the court was delivered by

JACKSON, J.:

This is an action in quo warranto. The case was heard on the petition and answer of the city, plus certain stipulations. The state, as represented by the county attorney, claims under the agreed facts that Kansas City has no power to condemn by eminent domain the certain described part of a water system now located within the city limits of Kansas City, but belonging...

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