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STATE EX REL. BOONE v. JACKSON COUNTY

No. KCD 27772.

541 S.W.2d 312 (1976)

STATE of Missouri ex rel. Elvin BOONE, Appellant, v. JACKSON COUNTY, Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied September 15, 1976.

Attorney(s) appearing for the Case

James L. Swarts, Jack C. Terry, Independence, for appellant.

Will Bunch, County Counselor, Richard F. Schmidt, Special Asst. County Counselor, Kansas City, for respondent.

Before PRITCHARD, C. J., ELLIOTT and McFARLAND, JJ., and CONNETT, Special Judge.

FRANK D. CONNETT, Jr., Special Judge.

Relator filed a petition with the respondent County Legislature of Jackson County. This petition was signed by residents of an unincorporated area of Jackson County known as Blue Summit, pursuant to Section 72.080, RSMo.1971 Supp., seeking permission to hold an election to incorporate as a city. The petition was denied by the respondent. Relator then had issued an alternative writ of mandamus from the circuit court, which was...

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