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MISSOURI PACIFIC R.R. v. BOARD OF GREELEY CTY. COMM'RS

No. 53,616

231 Kan. 225 (1982)

643 P.2d 188

MISSOURI PACIFIC RAILROAD, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GREELEY, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed April 3, 1982.

Attorney(s) appearing for the Case

K. Mike Kimball, of Hathaway & Kimball, of Ulysses, argued the cause and was on the brief for the appellant.

Phillip R. Fields, of Gott, Young & Bogle, P.A., of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

The Missouri Pacific Railroad (Mo-Pac) filed a declaratory judgment action in the district court to determine the validity of a home rule resolution referred to as the "Greeley County Dirt Embankment Act," passed by Greeley County. The case was submitted to the court on documentary evidence which evidence included the pleadings, certain exhibits, affidavits and the deposition of Thomas Hall, assistant engineer...

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