Concordia-Arrow Flying Service Corp. v. City of Concordia

*248The opinion of the court was delivered by

Burch, J.:

The action is one to require the mayor of the city of Concordia to execute a contract and lease relating to establishment of an airport, pursuant to a resolution and an ordinance of the city. No objection is made to the form or content of the instrument to be executed, and the mayor declines to proceed in the matter for the reason that, in his opinion, chapter 5 of the Laws of 1929, relating to municipal airports, is unconstitutional. The resolution and ordinance follow:

“Resolution.

“Whereas, The governing body of the city of Concordia, Kan.,…