# State Ex Rel. Hawks v. City of Topeka

> Supreme Court of Kansas · May 8, 1954 · 176 Kan. 240

URL: https://www.frixlaw.com/law-library/cases/9568738

## Case

- **Full name:** The State of Kansas, Ex Rel., Doral H. Hawks, County Attorney of Shawnee County, Kansas, Plaintiff, v. the City of Topeka, Kansas; George G. Schnellbacher, Mayor; J. Glen Davis, Finance Commissioner; Lloyd B. Smith, Water Commissioner; C. Madison Williams, Street Commissioner; William R. Yerkes, Park Commissioner, All in Their Representative Capacity, Defendants
- **Court:** Supreme Court of Kansas
- **Decided:** May 8, 1954
- **Citations:** 176 Kan. 240; 270 P.2d 270; 1954 Kan. LEXIS 291
- **Precedential status:** Published
- **Opinion:** Dissent by Harvey
- **Judges:** Wertz, Harvey
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9568738

## Opinion text

Harvey, C. J.,
(dissenting in part and concurring in part). I dissent from the holding that the acquisition of property by the city for off-street parking facilities is for public use and from all parts of the *254 opinion predicated upon that view. My view is that the construction and operation of off-street parking property is an ordinary commercial business which the legislature cannqt grant to cities and in which the city has no authority to engage. I concur in the holding that the proposed contract between the city and Park and Shop, Inc., is invalid for all the reasons stated in the opinion and think more could be added.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9568738. Public record. Not legal advice.