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KILCOYNE v. CITY OF COFFEYVILLE

No. 39,373

176 Kan. 159 (1954)

269 P.2d 418

VINCENT E. KILCOYNE, doing business as CITY ICE AND STORAGE COMPANY, Appellant, v. THE CITY OF COFFEYVILLE, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed April 10, 1954.

Attorney(s) appearing for the Case

T. Richard Liebert, of Coffeyville, argued the cause and Frank W. Liebert, of Coffeyville, was with him on the briefs for appellant.

Walter S. Keith, of Coffeyville, argued the cause and was on the briefs for the appellee.

Richard L. Becker and Morris D. Hildreth, both of Coffeyville, as amici curiae.

The opinion of the court was delivered by

PARKER, J.:

This was an action instituted in district court under the Declaratory Judgment Act (G.S. 1949, 60-3127 to 3132, incl.) for the purpose of obtaining judicial construction of a zoning ordinance of the city of Coffeyville and a determination of the rights of the parties under its terms. Judgment was rendered in favor of the defendant city and the plaintiff appeals.

In substance, after reciting the...

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