State Ex Rel. Hawks v. City of Topeka

The opinion of the court was delivered by

Wertz, J.:

This is an original proceeding in the nature of quo warranto brought by the State upon the relation of the county attorney of Shawnee county against the City of Topeka, hereafter referred to as the City, and its officers, to oust the City of Topeka from exercising its right of eminent domain in acquiring off-street parking facilities, alleging the statutes in question to be unconstitutional; that the acquisition and appropriation of the properties in *242question were not taken for a public use, and that the contract for a lease entered into…