Legal Opinion

City of Westport v. Kansas City

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 24 opinions

Appeal from Jaolcson Circuit Court. (1) The ordinance in question is an amendment of the Kansas City charter. Norris v. Mayor, 1 Swan, 167; Cray v. Crockett, 30 Kan. 145; Smith v. Sherry, 30 Wis. 210; City v. Harkins on, 75 111. 156 ; Morford v. Wiger, 8 la. 82. (2) The constitution (art. 9, sec. 16) permits the charter to be amended by submitting a proposal therefor to the voters of Kansas City, and the matter not having been voted on by said voters the ordinance is…

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Appeal from Jaolcson Circuit Court. (1) The ordinance in question is an amendment of the Kansas City charter. Norris v. Mayor, 1 Swan, 167; Cray v. Crockett, 30 Kan. 145; Smith v. Sherry, 30 Wis. 210; City v. Harkins on, 75 111. 156 ; Morford v. Wiger, 8 la. 82. (2) The constitution (art. 9, sec. 16) permits the charter to be amended by submitting a proposal therefor to the voters of Kansas City, and the matter not having been voted on by said voters the ordinance is invalid. (1) Section 16, article 9, of the constitution, authorizes any city of over one hundred thousand inhabitants, subject…

1Opinion of the CourtBlack, J.

In form, this is an action of ejectment to recover possession of a market house, town hall and jai1; but the real object of the suit is to test the validity of an ordinance of Kansas City, extending the limits thereof so as to include the city of Westport, which is a city of the fourth class.

Since May 8, 1889, Kansas City has been governed by a special charter, adopted by the voters thereof' under the provisions of sections 16 and 17, of article 9, of *145the constitution, and pursuant to an act of the legislature of the tenth of March, 1887, entitled, ‘ ‘An act providing that any city, having a…

2Cases cited3 opinions

  1. Ewing v. HoblitzelleSupreme Court of Missouri · 1884
  2. State ex rel. Kansas City v. FieldSupreme Court of Missouri · 1889
  3. v. MeeksSupreme Court of Missouri · 1885

3Cited by24 opinions

  1. State v. City of North Kansas CitySupreme Court of Missouri · 1950
  2. Homan v. Employers Reinsurance Corp.Supreme Court of Missouri · 1940
  3. State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
  4. State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
  5. State ex rel. City of Seattle v. CarsonWashington Supreme Court · 1893

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