Kansas City v. Ashley

HIGGINS, Commissioner.

Appellant’s condemnation proceeding was dismissed upon respondents’ motions to dismiss which raised a constitutional question of lack of power and authority in appellant to condemn a railroad right of way longitudinally.

Appellant is a constitutional charter city under Article VI, Section 19, Constitution of Missouri, 1945, V.A.M.S., and it brought this condemnation proceeding under Articles I and VI of its charter. Appellant’s Ordinance 24408, together with the required plat prepared by appellant’s city engineer, was filed as the pleading in this condemnation suit…