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STATE, EX REL. BOUSKA v. CITY OF EDGERTON

No. 45,014

201 Kan. 274 (1968)

440 P.2d 540

THE STATE OF KANSAS, ex rel. JAMES W. BOUSKA, County Attorney of Johnson County, Kansas, Appellant, v. THE CITY OF EDGERTON, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1968.

Attorney(s) appearing for the Case

George Lowe, of Olathe, argued the cause, and James W. Bouska and P. Stephen Martin, of Olathe, were with him on the brief for appellant.

Maurice R. Hubbard, of Olathe, argued the cause, and Marion W. Chipman, of Olathe, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

The state of Kansas on the relation of the county attorney of Johnson County commenced this action pursuant to K.S.A. 60-1201, challenging the validity of Ordinance No. 356 adopted by the city of Edgerton annexing a portion of an adjacent platted subdivision to the city. The case was tried by the district court upon the parties' stipulation of facts and submitted issues of law. The court sustained the validity...

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