(Download) "State, Ex Rel. v. City of Kansas City" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: State, Ex Rel. v. City of Kansas City
- Author : Supreme Court of Kansas
- Release Date : January 05, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The opinion of the court was delivered by This original proceeding in quo warranto commenced by the
state, on the relation of the county attorney, seeks to test the
validity of certain ordinances of the city of Kansas City by
requiring the defendant city officials, Mitchum, Swarner, and
Regan, in their official capacity, to show by what authority they
assumed a portion of the Fairfax industrial district and made it
part of the city when they enacted and published certain
ordinances annexing such land. Two previous original quo warranto proceedings of similar
character have been before this court. (State, ex rel., v. City
of Kansas City, 169 Kan. 702, 222 P.2d 714; State, ex rel., v.
City of Kansas City, 181 Kan. 870, 317 P.2d 806.) The state filed its amended and supplemental petition naming
the city, Mitchum, Swarner, Regan, and Quindaro township as
defendants. On October 8, 1958, Quindaro township filed its
answer admitting the allegations of the petition and referring in
detail to the two previous cases above mentioned. It attacked the
city's efforts to annex by ordinances the land in question, which
is a part of Quindaro township. On October 28, 1958, the city and
its named officials (hereafter referred to collectively as the
city) by way of answer filed a general denial of the affirmative
allegations in Quindaro's answer and a general demurrer thereto
was incorporated into its answer. On the same day the city, in
answer to the amended and supplemental petition of the state,
admitted a major portion thereof and joined issue on the
remainder. On November 13, 1958, the state filed a lengthy reply
to the answer of the city. Since the merits of the case are not
before us at this stage of the proceedings, we shall not detail
the above-mentioned pleadings.