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BABB v. CITY OF WICHITA

No. 39,036

175 Kan. 148 (1953)

259 P.2d 581

VIRGINIA BABB, Appellant, v. CITY OF WICHITA, KANSAS; THE BOARD OF CITY COMMISSIONERS, consisting of W.C. SALOME, L.A. DONNELL, EARL K. DUKE, F. RUSSELL JUMP and FLOYD T. AMSDEN; C.C. ELLIS, Clerk of the City of Wichita, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed July 6, 1953.

Attorney(s) appearing for the Case

Havard F. Hudson, of Wichita, argued the cause, and Virginia Babb, of Wichita, was with him on the briefs for the appellant.

Paul J. Donaldson, of Wichita, argued the cause, and Fred W. Aley and Lawrence E. Curfman, both of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an injunction action in which plaintiff sought (1) a mandatory injunction repealing Ordinance No. 15-786 of the city of Wichita, purportedly vacating Yale Avenue; and (2) a preventive injunction enjoining the city from spreading any of the assessments for paving Yale Boulevard through plaintiff's lots on Yale Avenue and from the collection thereof, and decreeing that the city, not the plaintiff...

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