State Ex Rel. Foster v. City of Kansas City

The opinion of the court was delivered by

Jackson, J.:

This is an action in quo warranto. The case was heard on the petition and answer of the city, plus certain stipulations. The state, as represented by the county attorney, claims under the agreed facts that Kansas City has no power to condemn by eminent domain the certain described part of a water system now located within the city limits of Kansas City, but belonging to Quindaro Township. The trial court, after full consideration of the questions submitted to it, held that the city had sufficient power to condemn the water system, and…