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KANSAS CITY v. ASHLEY

No. 51618.

406 S.W.2d 584 (1966)

In re Proceedings Taking and Condemning Private Property in Kansas City. KANSAS CITY, Missouri, a Municipal Corporation, Appellant, v. James G. ASHLEY, Sr., et al., Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied October 10, 1966.

Attorney(s) appearing for the Case

Herbert C. Hoffman, City Counselor, Ned B. Bahr, Assoc. City Counselor, Benj. M. Powers, Sp. Counsel, for appellant.

Charles W. Hess, Kansas City, for respondent, Ashley, Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, of counsel.

Abraham E. Margolin, Norman M. Arnell, Margolin & Kirwan, Kansas City, for respondents American Academy of General Practice, Inc., Twin Oaks, Inc., Althea Steil and Louis Mang.

Maurice O'Sullivan, Kemp, Koontz, Clagett & Norquist, Kansas City, for respondent Rock Springs Realty, Inc.

Seth Lacy, Lacy & Lacy, Kansas City, for respondent Meadow Park Land Co.

Loeb Granoff, Rich, Rich & Granoff, Kansas City, for respondents Safehi Realty Co. and Emma Seymour.

Terence M. O'Brien, Kansas City, for respondent Cecilia W. Bradley.

Dick H. Woods, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, for respondents Second Presbyterian Church of Kansas City, Gladys Schnorf, Howard M. and Frances C. Gaston and Katz Drug Co.

Charles L. Carr, Kansas City, for respondents Theodore and Doris Aschmann.

Motion for Rehearing or to Transfer to Court En Banc Denied October 10, 1966.

HIGGINS, Commissioner.

Appellant's condemnation proceeding was dismissed upon respondents' motions to dismiss which raised a constitutional question of lack of power and authority in appellant to condemn a railroad right of way longitudinally.

Appellant is a constitutional charter city under Article VI, Section 19, Constitution of Missouri, 1945, V.A.M.S., and it brought...

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