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80-1404. Cities of first and second classes excluded from townships; wards. No city of the first or second class shall be included within the corporate limits of any township. In the event any city of the first or second class has designated no ward or wards, the entire territory of such city shall be one ward until such city is divided into additional wards as provided by law.

History: G.S. 1868, ch. 110, § 48; R.S. 1923, 80-1404; L. 1941, ch. 392, § 1; L. 1968, ch. 274, § 48; April 30.

Attorney General's Opinions:

Change from city of third class to city of second class located in township; effect on township's authority. 82-237.

Cities of first and second classes excluded from townships. 82-242.


1. Section held constitutional and valid. Borton v. Buck, 8 Kan. 302, 306.

2. Justices in cities of first class elected at city election. The State, ex rel., Tholen v. Farrell, 20 Kan. 214.

3. Organization of city; election of justice; held no vacancy existed. Showalter v. Cox, 26 Kan. 120.

4. Appointment to fill vacancy; appointee holds until regular city election. Ward v. Clark, 35 Kan. 315, 318, 10 P. 827.

5. Justices not strictly city officers; jurisdiction coextensive with county. The State, ex rel., v. Parry, 52 Kan. 1, 7, 33 P. 956.

6. City of the third class not excluded from township. Jackson Township v. Wood, 55 Kan. 628, 40 P. 897.

7. Effect of creation of city courts considered. Fee v. Richardson, 82 Kan. 190, 192, 107 P. 789.

8. Cited in upholding validity of Kansas City city court act. Powers v. Thorn, 155 Kan. 758, 763, 129 P.2d 254.

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