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STATE, EX REL., v. CITY OF TOPEKA

No. 45,129

201 Kan. 729 (1968)

443 P.2d 240

STATE, ex rel., ROBERT C. LONDERHOLM, Attorney General, Appellant, v. THE CITY OF TOPEKA, a Municipal Corporation, and CHARLES W. WRIGHT, JR., Mayor; FRANK MANSPEAKER, Water Commissioner; JOHN GOODIN, Park Commissioner; ABE COX, Street Commissioner; and KENNETH P. KERN, Finance Commissioner, constituting the City Commission of the City of Topeka; and WILLIAM M. DOUGLASS, City Clerk of the City of Topeka, Appellees.

Supreme Court of Kansas.

Opinion filed July 13, 1968.

Attorney(s) appearing for the Case

Richard E. Oxandale, Assistant Attorney General, argued the cause, and Robert C. Londerholm, Attorney General, and Park McGee, Assistant Attorney General, were with him on the brief for the appellant.

Donald S. Simons, Assistant City Attorney, argued the cause, and John W. Lewis, City Attorney, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

The sole question presented by this appeal is whether state-owned land is subject to special assessment by the city of Topeka for the purchase of land to create a public park. The park was created pursuant to authority conferred in K.S.A. 13-2518, 13-2519, 13-2543 and 13-2544.

The appeal is from an order of the district court of Shawnee County, Kansas...

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