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FAIRFAX DRAINAGE DISTRICT v. CITY OF KANSAS CITY

No. 42,878

190 Kan. 308 (1962)

374 P.2d 35

Re: Petition of Kansas City, Kansas, to Annex Territory (Fairfax Airport). FAIRFAX DRAINAGE DISTRICT, Appellant, v. CITY OF KANSAS CITY, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed August 28, 1962.

Attorney(s) appearing for the Case

Joseph H. McDowell, of Kansas City, argued the cause, and Guy E. Stanley, of Kansas City, was with him on the briefs for the appellant, Fairfax Drainage District.

J.W. Mahoney, of Kansas City, argued the cause, and C.W. Brenneisen, Jr., of Kansas City, was with him on the briefs for the appellee, City of Kansas City, Kansas.

Leonard O. Thomas and James J. Lysaught, both of Kansas City, Kansas, amici curiae.

The opinion of the court was delivered by

PARKER, C.J.:

This controversy stems from a proceeding by the City of Kansas City, Kansas, to enlarge the city limits.

On April 11, 1960, the City (appellee) filed a petition with the Board of County Commissioners of Wyandotte County (hereinafter referred to as the Board) for the enlargement of the boundaries of the City to include the Fairfax Municipal Airport. The land was definitely described by metes and...

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