STATE, AT INF. OF MARTIN v. CITY OF INDEPENDENCE

No. 58483.

518 S.W.2d 63 (1974)

The STATE of Missouri, at the information of Ralph L. MARTIN, Prosecuting Attorney of Jackson County, Missouri, and at the relation of Glenn H. Binger, et al., Respondents, v. CITY OF INDEPENDENCE, Missouri, a Municipal Corporation, Appellant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied January 13, 1975.


Attorney(s) appearing for the Case

Rufus Burrus, W. Raleigh Gough, Independence, for plaintiffs-respondents.

Howard C. Wright, Jr., City Atty., Springfield, Robert M. Clayton, II, City Counselor, Hannibal, George C. Baldridge, City Atty., Joplin, Aaron A. Wilson, City Counselor, Carrol C. Kennett, Associate City Counselor, Kansas City, for amici curiae.

James S. Cottingham, City Counselor, Thomas D. Cochran, James L. Gillham, Asst. City Counselors, Independence, for defendant-appellant.


Motion for Rehearing or to Transfer to Court En Banc Denied January 13, 1975.

HIGGINS, Commissioner.

Appeal from judgment in proceeding in the nature of quo warranto ousting the City of Independence, Missouri, from exercising jurisdiction over territory purportedly annexed to the City by charter amendments approved by the voters at a special election. The questions are whether the legislative body of a constitutional charter city may, by ordinance,...

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