(DOWNLOAD) "State, Ex Rel. v. City of Topeka" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: State, Ex Rel. v. City of Topeka
- Author : Supreme Court of Kansas
- Release Date : January 12, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by This is an appeal from an order of the trial court sustaining a
demurrer to plaintiff's petition. Appellant will hereinafter be
referred to as plaintiff and appellees as the city or city of
Topeka. Plaintiff's action is a proceeding in the nature of quo
warranto brought in the name of the state of Kansas on relation
[172 Kan. 746]
of the county attorney of Shawnee county against the city of
Topeka, a municipal corporation, and the mayor and city
commissioners of the city to question the validity of two
ordinances of the city of Topeka; the first, by which the city
sought to annex Gage Park, a single tract consisting of 160 acres
owned by and lying adjacent to the city of Topeka under
proceedings set forth in G.S. 1949, 12-501 et seq.; and the
second by which the city sought to annex property adjacent to and
adjoining the north boundary of Gage Park on the theory that by
the first ordinance the city limits were extended to include Gage
Park, thereby making the property involved adjoining and adjacent
to the corporate limits of the city and subject to annexation
under G.S. 1949, 13-1602. The city of Topeka is a city of the
first class and has adopted a commission form of government (G.S.
1949, 13-1501) and as such is subject to the provisions of G.S.
1949, 13-1601 et seq.