Kansas City v. Smart
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. M. A. Fyke, Fsq., Special Judge. (1) The court erred in denying defendant’s motion to dismiss under the amendment of 1892, to section 3 of article 10 of the Kansas City charter. The common council was without authority to proceed to establishment of a boulevard until the board of park and boulevard commissioners had selected routes and streets, etc. St. Louis v. Frank, 78 Mo. 41; St. Louis v. Gleason, 93 Mo. 33; Fore v. Hoke, 48 Mo.
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Appeal from Jackson Circuit Court. — Hon. M. A. Fyke, Fsq., Special Judge. (1) The court erred in denying defendant’s motion to dismiss under the amendment of 1892, to section 3 of article 10 of the Kansas City charter. The common council was without authority to proceed to establishment of a boulevard until the board of park and boulevard commissioners had selected routes and streets, etc. St. Louis v. Frank, 78 Mo. 41; St. Louis v. Gleason, 93 Mo. 33; Fore v. Hoke, 48 Mo. App. 254; Kansas City v. Ford, 99 Mo. 91; Small v. Pennell, 31 Me. 267. (2) The court committed error in sustaining the…
1Opinion of the Court
Gantt, J. —
The Realty Investment Company, one of the appellants, has dismissed its appeal in'this court.
These proceedings were commenced before the mayor of Kansas City, under ordinance 4972 of that city, approved April 7, 1893, to condemn, for the purpose of widening said street and establishing a boulevard, a strip of land ten feet wide on each side of Independence avenue from Woodland avenue on the west to Gladstone avenue on the east, excepting a short distance on the south side of the street; also a strip of land fifteen feet in width on each side of Gladstone avenue from Independence…
2Cases cited32 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- State v. NolandSupreme Court of Missouri · 1892
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
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3Cited by26 opinions
- Kansas City v. BaconSupreme Court of Missouri · 1898
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- City of Dallas v. Firestone Tire & Rubber Co.Court of Appeals of Texas · 1933
- Hagemann v. PinskaMissouri Court of Appeals · 1931
- City of Cape Girardeau v. HouckSupreme Court of Missouri · 1895
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