State ex rel. Parker v. Kansas City
| Decision Date | 22 December 1939 |
| Docket Number | 34743. |
| Parties | STATE ex rel. PARKER, Atty. Gen., v. KANSAS CITY et al. |
| Court | Kansas Supreme Court |
Jay S Parker, Atty. Gan, and A. B. Mitchell, Asst. Atty. Gen., for plaintiff.
Alton H. Skinner, City Atty., Joseph A. Lynch, Deputy City Atty. Blake A. Williamson, and Donald Corson, all of Kansas City for defendants.
This is an action in quo warranto to test the validity of a resolution (Resolution No. 11275) recently adopted by Kansas City which recites in substance that in order to obtain necessary tenants for its recently constructed wholesale terminal fruit and vegetable market it is necessary in making leases with certain prospective tenants that the city expend certain sums in cash out of its gross terminal market income and to allow certain credits on rentals to such tenants. Preliminary to carrying this resolution into effect, the city adopted a supplemental resolution which reads:
This action was accordingly filed on December 18, 1939, pleading the pertinent facts. On December 19, the city answered, and on the showing made as to the urgency of an immediate hearing and determination the cause was orally argued in chambers the same day; and typewritten briefs were submitted.
The argument, particularly on the behalf of the city, took a wider range than that involved in the precise issue tendered by the attorney general, and the court makes no ruling except on the precise question briefly stated above.
On that issue the court renders judgment in favor of the defendant city and its officials.
A formal opinion will...
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