State ex rel. Stanley v. Board of County Commissioners

105 P.2d 708, 152 Kan. 440, 1940 Kan. LEXIS 208
CourtSupreme Court of Kansas
DecidedJuly 6, 1940
DocketNo. 34,953
StatusPublished

This text of 105 P.2d 708 (State ex rel. Stanley v. Board of County Commissioners) 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. Stanley v. Board of County Commissioners, 105 P.2d 708, 152 Kan. 440, 1940 Kan. LEXIS 208 (kan 1940).

Opinion

The opinion of the court was delivered by

Hoch, J.:

This is an original proceeding in quo warranto to determine whether, under the provisions of G. S. 1935, 68-1401 to 68-1405, and pursuant to- a resolution by the board of directors of the Kaw Valley Drainage District, as set forth in the record, the defendants, the board of county commissioners of Wyandotte county, are empowered to reconstruct the Twelfth street bridge over the Kaw river in Kansas City, which was recently destroyed by fire.

After full consideration of the matter, we find that the defendants are so empowered; that the provisions of chapter 33 of the Laws of 1903 (special session), insofar as they are inconsistent therewith, have been repealed by the provisions of G. S. 1935, 68-1401 to 68-1405; that the provisions of G. S. 1935, 68-1106, do not apply to the said Twelfth street bridge or to a bond issue for the construction thereof; and that judgment should be for the defendants.

In view of the urgency of the situation as disclosed by the record, this brief announcement is now made, pending a more complete statement in an opinion to follow.

Judgment is for the defendants, together with recovery of the costs of this action.

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Bluebook (online)
105 P.2d 708, 152 Kan. 440, 1940 Kan. LEXIS 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-stanley-v-board-of-county-commissioners-kan-1940.