Kansas City Area Transp. Authority v. Ashley
| Decision Date | 10 April 1972 |
| Docket Number | No. 55683,No. 2,55683,2 |
| Citation | 478 S.W.2d 323 |
| Parties | KANSAS CITY AREA TRANSPORTATION AUTHORITY, Plaintiff-Respondent, v. James G. ASHLEY, Sr., and James G. Ashley, Jr., Individually and as Co-Partners, Defendants-Appellants |
| Court | Missouri Supreme Court |
William Icenogle, Harry P. Thomson, Jr., John R. Caslavka, Kansas City, for plaintiff-respondent; Shughart, Thomson & Kilroy, Kansas City, of counsel.
Hines & Magee, Homer R. Hines, L. R. Magee, Kansas City, for defendants-appellants.
The plaintiff, Kansas City Area Transportation Authority, was granted a permanent injunction against the defendant, a partnership, doing business as Kansas City Public Service Freight Operation. The dispute central to the issuance of the injunction involves the rights of the parties under certain documents relating to the use of parking lots adjacent to the right of way of the defendants and utilized by the Transit Authority as a part of the operation of their bus lines. The merits of the dispute need not be reached in this opinion since we must first notice the question of our jurisdiction to determine the appeal. We have the duty to examine the question of jurisdiction sua sponte. Bock v. Sheahan Investment Company, Mo., 412 S.W.2d 393. Shepherd v. Department of Revenue, Mo., 370 S.W.2d 381.
The parties contend that jurisdiction is in this Court because the plaintiff respondent is a 'political subdivision of the State of Missouri' by virtue of Section 238.010, RSMo 1969, V.A.M.S. This section and following sections create an authority for the operation of the public transit system in the States of Missouri and Kansas by means of a compact executed by the State of Missouri and the State of Kansas. This entity is recognized as a body corporate and politic in the States of Missouri and Kansas. Upon the basis of those sections, the parties assert that the constitutional language of Article V, Section 3, Missouri Constitution, confers appellate jurisdiction on this Court.
This case is on all fours with St. Louis County Transit Co. v. Division of Employment Security of Department of Labor and Industrial Relations, Mo., 456 S.W.2d 334, on the issue of our jurisdiction.
We have examined the above-cited section of the statutes creating plaintiff, and no distinction between these and the statutes creating the Bi-State Development Agency appears. It is true that the language creating the Bi-State Development Agency does not use...
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...A.2d 988. Setting out the distinctive marks of a political subdivision and to the same general effect are Kansas City Area Transportation Authority v. Ashley, Mo.1972, 478 S.W.2d 323; Housing Authority of City of Woonsocket v. Fetzik, 1972, 110 R.I. 26, 110 R.I. 912, 289 A.2d 658; City of M......
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Banks v. Kan. City Area Transp. Auth.
...The KCATA was created for operation of a public transit system in the states of Kansas and Missouri. Kansas City Area Transp. Authority v. Ashley , 478 S.W.2d 323, 324 (Mo. 1972). In section 238.010, art. 3, section 11, the KCATA Compact provides that the KCATA shall have the power: "To per......
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Banks v. Kan. City Area Transp. Auth.
... EDGAR ALFONZO BANKS, Appellant, v. KANSAS CITY AREA TRANSPORTATION AUTHORITY, Respondent. No. WD84186 Court of Appeals of Missouri, Western ... Kansas City Area Transp. Authority v. Ashley , 478 ... S.W.2d 323, 324 (Mo. 1972). In section 238.010, art. 3, ... section 11, the ... ...
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...in the foreseeable future. Seventy-Ninth Street Improvement Corp. v. Ashley, 509 S.W.2d 121 (Mo.1974); Kansas City Area Transportation Auth. v. Ashley, 478 S.W.2d 323 (Mo.1972); Kansas City v. Ashley, 406 S.W.2d 584 (Mo.1966); Kansas City Area Transportation Auth. v. Ashley, 485 S.W.2d 641 ......