State ex rel. Griffith v. City of Kansas City

252 P. 714, 122 Kan. 311, 1927 Kan. LEXIS 23
CourtSupreme Court of Kansas
DecidedJanuary 8, 1927
DocketNo. 26,979
StatusPublished
Cited by8 cases

This text of 252 P. 714 (State ex rel. Griffith v. City of Kansas City) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Griffith v. City of Kansas City, 252 P. 714, 122 Kan. 311, 1927 Kan. LEXIS 23 (kan 1927).

Opinion

The opinion of the court was delivered by

Harvey, J.:

This is an original proceeding in quo warranto which questions the authority of the city of Kansas City, Kan., to enact a certain ordinance extending the corporate limits of the city. After issues were joined this court appointed H. W. Arant, Esq., of Lawrence, commissioner to hear the evidence, make findings of fact and conclusions of law, and to report to this court. This has been done and the case has been briefed and argued and submitted for decision. Although the commissioner’s findings and conclusions are advisory to this court rather than binding (State, ex rel., v. Barker, 119 Kan. 853, 858, 241 Pac. 253), we print the findings and conclusions in order better to understand the facts and the reasons [312]*312which prompted the commissioner’s conclusions. They are as follows:

“Findings op Fact.
“The territory referred to in Ordinance No. 23107, marked Exhibit ‘A’ and attached to defendant's amended answer, includes approximately 640 acres, through which from northwest to southeast flows the Kaw river, a navigable stream. Approximately one-third of said territory is on the north side of said river and two-thirds on the south side thereof, and approximately one-sixth of said territory lies within the harbor lines of said river. The annexation of the said territory owned by several different persons or corporations, was against the wishes and over the protest of a large majority of the owners of the lands included therein. The territory referred to is, in the main, unplatted, but it includes two small pieces of platted land, namely McAlpin and Riverside additions. The boundary of the territory annexed coincides on three sides and a small part of the fourth with the city limits of the City of Kansas City, Kan., as they were prior to the passage of said ordinance. The evidence shows the length of the boundary of the territory taken in to be 23,-000 feet. The length of so much of the boundary of the territory taken in as coincides with the boundary of the city prior to the annexation, is 17,400 feet. Stated otherwise the length of the part of the boundary of the territory annexed that coincides with the old city limits, is approximately three times the length of that part of the boundary of the territory annexed that does not coincide. Scattered over the territory annexed are 45 residences or small business buildings. With the exception of the land owned by the Sinclair Refining Company, 152 acres and approximately one-fourth of the entire territory, and that owned by the United Zinc and Chemical Company, 102 acres and approximately one-sixth of the same, the said land is either vacant or principally devoted to truck farming. Because, however, of the proximity of the said land to Kansas City, Kan., and Kansas City, Mo., it is well adapted to industrial purposes and has a value for the purpose of industrial sites far above its value for farming purposes, to wit, $1,500 to $2,000 an acre.
“The body of land in question is bounded on the north by Muncie road, on the south by the Argentine railway and switch tracks of the Atchison, Topeka & Santa Fe Railway Company, on the west by Carlisle road and vacant lands and on the east by approximately a half milé of vacant land annexed to the city of Kansas City, Kan., about sixteen years ago, upon which, in the meantime, there has been little improvement or construction of buildings or laying out of streets. The land annexed is traversed by no streets or alleys, except a county road extending Kansas avenue west, nor are any streets or alleys on it except those shown on the platted additions before referred that compose a small part of said land. Most of the houses on said land are along its northerly side, its easterly side north of the Kaw river and along the Daniel Wilson county road toward the west side of said land, a part of said land belonging to and being occupied by employees of the United Zinc and Chemical Company. Upon said land there are no churches or school buildings, but there are two or three small country stores and a small restaurant.
[313]*313“It appears that the United Zinc and Chemical Company and the Sinclair Refining Company located their plants with a view to operating outside of the city limits. Being within the city limits appears, however, to impose no burdens or handicaps to these companies except the possible burden of increased taxation. It further appears that these companies constructed their plants with a view to each being a self-sufficient unit as regards sewage, water, light, fire and police protection. Each now uses in its business some city water, though the amount of such water used is small in comparison with the total amoúnt used, each using the majority of its water from its own wells. Each-is equipped with fire-fighting apparatus peculiar to its needs. Light- is purchased by each from the city of Kansas City, Kan. Each insists that it does not require police protection from the City of Kansas City, Kan., though it appears that each plant has at times been visited by the police and fire departments of Kansas City, Kan., for purposes of protection but whether upon the companies’ calls or not is not clear. The plant of each is surrounded by a fence which excludes the public from the premises. This is highly desirable, if not necessary, both from the point of view» of the public and particularly from the point of view of the Sinclair Refining Company, since the refining of crude petroleum is attended with some degree of danger, and the presence of the public on the premises would be a peril to the property of the Sinclair Refining Company as well as to persons exercising unsupervised access to its premises. Additional peril to the public inheres in the large number of switch tracks and the large amount of switching of cars that is necessary to the carrying on of the business of oil refining. It does not' appear, however, that the annexation of the territory covered by Ordinance No. 23,107 will create any probability that the property of either of these two corporations will be encroached upon or the conduct of their business be interfered with in any degree save in the payment of additional taxes that may be levied by the city of Kansas City, Kan. In view of the fact that the plants of the United Zinc and Chemical Company and the Sinclair Refining Company were planned and constructed with a view to each being self-sufficient and independent, it does not appear that either is now deriving any benefit, with its consent, from the city of Kansas City, Kan., except in the matter of water and electrical energy used, as above stated. It appears that the character of the territory immediately adjacent to the plants of the United Zinc and Chemical Company and the Sinclair Refining Company has not substantially changed since the location and erection of said plants.
“In addition to a plan to straighten the western city limits of the city of Kansas City, Kan., it appears that the commissioners of said city had in contemplation the erection of a main sewer through the territory annexed to serve the western part of the Argentine district. It further appears. that, because of calls made from this district to the police and fire departments of said city, it was considered as already something of a burden to the city. The city commissioners did, however, have in contemplation the additional taxes from this district that would be collectible by the city of Kansas City, Kan.
[314]*314“Conclusions op Law.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Ex Rel. Jordan v. City of Overland Park
527 P.2d 1340 (Supreme Court of Kansas, 1974)
State Ex Rel. Kreamer v. City of Overland Park
391 P.2d 128 (Supreme Court of Kansas, 1964)
State Ex Rel. Martin v. City of Kansas City
317 P.2d 806 (Supreme Court of Kansas, 1957)
State Ex Rel. Hawks v. City of Topeka
264 P.2d 901 (Supreme Court of Kansas, 1953)
State Ex Rel. Fatzer v. City of Kansas City
222 P.2d 714 (Supreme Court of Kansas, 1950)
Commercial National Bank v. Carnahan
276 P. 57 (Supreme Court of Kansas, 1929)

Cite This Page — Counsel Stack

Bluebook (online)
252 P. 714, 122 Kan. 311, 1927 Kan. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-griffith-v-city-of-kansas-city-kan-1927.