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STATE, EX REL., v. CITY OF OVERLAND PARK

No. 43,357

192 Kan. 654 (1964)

391 P.2d 128

THE STATE OF KANSAS on relation of HUGH H. KREAMER, County Attorney of Johnson County, Kansas, Appellee, v. THE CITY OF OVERLAND PARK, a First-class City in Johnson County, Kansas, and a municipal corporation, Appellant, and THE CITY OF MERRIAM, a Second-class City in Johnson County, Kansas, and a municipal corporation, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1964.

Attorney(s) appearing for the Case

Donald C. Amrein, of Mission, argued the cause, and appeared on the briefs for the appellant.

Louis A. Silks, Jr., of Merriam, argued the cause, and appeared on the briefs for the appellee, The City of Merriam.

William M. Ferguson, Attorney General, of Topeka, and Hugh H. Kreamer, of Olathe, appeared on the briefs for the appellee, The State of Kansas.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment voiding certain city ordinances which sought to annex territory.

The facts are not in dispute but they are complicated by mete and bound descriptions of twelve separate tracts. We will not attempt specific descriptions.

Bounded by the city limits of the cities of Shawnee, Overland Park and Merriam were several...

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