(Download) "State, Ex Rel. v. Salome" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: State, Ex Rel. v. Salome
- Author : Supreme Court of Kansas
- Release Date : January 08, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This is an original proceeding in mandamus to compel the city
officials of Wichita to accept and examine petitions under G.S.
1935, 12-107, calling for adoption of or a referendum upon a
proposed ordinance repealing two resolutions adopted by the city
of Wichita on August 14, 1945, and a third resolution adopted on
April 22, 1947, all pertaining to flood control works in the city
of Wichita and for incidental relief. In a preliminary way it may be said that prior to 1943 United
States army engineers had made a study of flood control problems
in Sedgwick county, including the city of Wichita, resulting in
two plans. After conferences which need not be noted, the city of
Wichita and Sedgwick county agreed upon the plan referred to at
times as the Big Ditch or Army Plan, and for the performance of
flood control work thereunder within the city by the city of
Wichita, and without the city by Sedgwick county. Under date of
August 14, 1945, the governing body of the city of Wichita
adopted resolutions to proceed under the above plan and to make
the commitments authorized by Laws 1945, chapter 391, which as
amended appear as G.S. 1947 Supp., chapter 19, article 33. After
some further negotiations, the city adopted its resolution of
April 22, 1947, which reiterated and affirmed its former action.
Under date of June 22, 1948, the governing body of the city
enacted its ordinance No. 15-270 which declared the work to be a
public necessity, found the improvement to be for the general
benefit of the city and directed issuance of bonds to pay the
costs to be borne by the city. The county had meanwhile adopted
requisite resolutions and made commitments for performance of the
project outside the city. Shortly thereafter the city, as well as
the county, issued temporary notes to pay costs and submitted
them to the state auditor for registration, which was denied, and
mandamus actions were commenced in this court by the city and by
the county, the principal question being the constitutionality of
G.S. 1947 Supp., chapter 19, article 33, under which the flood
control projects were being performed. Constitutionality was
upheld in an opinion filed November 13, 1948, and reported in
Board of County Comm'rs v. Robb, 166 Kan. 122, 199 P.2d 530. An
appeal to the Supreme Court of the United States was dismissed on
April 25, 1949, for want of a substantial federal question. On
May 24, 1949, the state on the relation of the county attorney of [169 Kan. 587]
 "State, Ex Rel. v. Salome" by Supreme Court of Kansas " eBook PDF Kindle ePub Free){kind=link}