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STATE EX REL. TOMASIC v. CITY OF KANSAS CITY

No. 57,951

237 Kan. 572 (1985)

701 P.2d 1314

STATE OF KANSAS, ex rel., Nick A. Tomasic, Wyandotte County District Attorney, Kansas City, Kansas, Relator, v. KANSAS CITY, KANSAS, a Municipal Corporation Organized and Existing Under the Laws of the State of Kansas, Respondent, and CITY OF KANSAS CITY, KANSAS, WYANDOTTE COUNTY JOINT PORT AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC, Respondent.

Supreme Court of Kansas.

Opinion filed June 21, 1985.

Attorney(s) appearing for the Case

Nick A. Tomasic, district attorney, argued the cause and was on the brief for the relator.

Robert J. Watson, city attorney, and Norman E. Gaar, of Gaar & Bell, of Overland Park, argued the cause for the respondents, and Jody Boeding, assistant city attorney, Patricia K. Hirsch, of Gaar & Bell, of Overland Park, and John F. Steineger, Jr., of Kansas City, were with them on the brief for respondent Kansas City, Kansas, and John P. Biscanin, of Kansas City, was with them on the brief for the respondent City of Kansas City, Kansas, Wyandotte County Joint Port Authority.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an original action in quo warranto brought by Nick A. Tomasic, Wyandotte County District Attorney, (relator) challenging the constitutionality of K.S.A. 79-201a Second, as amended, and challenging the legality of certain actions taken or proposed to be taken by the City of Kansas City, Kansas and the City of Kansas City, Kansas — Wyandotte County Joint Port Authority (respondents...

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