Supreme Court of Missouri September 12, 1966, 51618 (Kansas City v. Ashley)

HIGGINS, Commissioner.

Appellant’s condemnation proceeding was dismissed upon respondents’ motions to dismiss which raised a constitutional question of lack of power and authority in appellant to condemn a railroad right of way longitudinally.

Appellant is a constitutional charter city under Article VI, Section 19, Constitution of Missouri, 1945, V.A.M.S.