State Ex Rel. Hawks v. City of Topeka

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 *254opinion 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.