State ex rel. Kansas City v. Field
Supreme Court of Missouri
Mandamus. Kansas City had the power, in view of the general legislation on the subject of grading, enlarging and. improving streets, to provide a method or plan of its own for the improvement of its streets and public highways and for the assessment of benefits and damages, done to private property arising therefrom. The charter of Kansas City does not supersede the-acts of the legislature on the subject of grading, enlarging and improving streets.
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Mandamus. Kansas City had the power, in view of the general legislation on the subject of grading, enlarging and. improving streets, to provide a method or plan of its own for the improvement of its streets and public highways and for the assessment of benefits and damages, done to private property arising therefrom. The charter of Kansas City does not supersede the-acts of the legislature on the subject of grading, enlarging and improving streets. Article 8 of said charter,, set out in the-petition and writ in this cause, is of no-force or effect whatever.
1Opinion of the CourtBlack, J.
Kansas City, by its proper officers, filed, in the circuit court of Jackson county a certified copy' of an ordinance to grade a designated street, and asked, the respondent, who is one of the judges of that court,, to appoint commissioners under article 8 of its charter to' assess damages and benefits. The respondent declined to make the appointment under the provisions of the charter on the ground that article 8 is in conflict with the laws of the state, and for that reason void. Hence this application for the writ of mandamus.
The question in the case is whether the commissioners should be…
2Cases cited1 opinion
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
3Cited by52 opinions
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Kansas City v. J. I. Case Threshing MacHine Co.Supreme Court of Missouri · 1935
- Owen v. City of TulsaSupreme Court of Oklahoma · 1910
- Lackey v. State Ex Rel. GrantSupreme Court of Oklahoma · 1911
- State v. KempSupreme Court of Missouri · 1955
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