STATE, EX REL., v. PAULSEN

No. 45,911

204 Kan. 857 (1970)

465 P.2d 982

STATE OF KANSAS, ex rel. KENT FRIZZELL, Attorney General, Appellant, v. LOUIS L. PAULSEN, DEAN BAUER, HOWARD C. FUNK, C.T. NEIS and WARD WITHERSPOON, as the Board of Commissioners of the City of Coffeyville, Kansas, and D.A. WILLBERN, SR., PHILLIP M. PREBLE, MARK FERRELL, BERNARD WADE and STEVE ADUDDELL, as the Board of Commissioners of the Urban Renewal Agency of Coffeyville, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed March 7, 1970.


Attorney(s) appearing for the Case

Elwin F. Cabbage, of Hutchinson, argued the cause, and Robert K. Scovel, of Independence, was with him on the brief for the appellant.

Charles D. Knapp, of Coffeyville, argued the cause and was on the brief for the appellee Urban Renewal Agency. Joe L. Levy, of Coffeyville, argued the cause, and Clement H. Hall, of Coffeyville, was with him on the brief for the appellee city.


The opinion of the court was delivered by

HARMAN, C.:

This is a mandamus action brought on relation of the attorney general of Kansas arising out of the refusal of the board of commissioners of the city of Coffeyville to adopt or, in the alternative, to submit to the electorate by way of referendum, an ordinance proposed by petition. The initiative ordinance would bar all activity within the city relating to that which is commonly known as urban renewal and...

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