LINDEN v. BOARD OF PARK COMMISSIONERS OF WICHITA

No. 39,771

178 Kan. 333 (1955)

285 P.2d 1070

T.K. LINDEN, ELMER R. CORN, EDWARD McGIVNEY, OLIVE McGIVNEY IVEN and EMMETT McGIVNEY, Plaintiffs, v. THE BOARD OF PARK COMMISSIONERS OF THE CITY OF WICHITA, and O.J. WATSON, Chairman; F.F. BERGIER, ROBERT E. ISRAEL, JR., DUANE J. BUCKLEY and GEORGE M. BROWN, as members of the BOARD OF PARK COMMISSIONERS; and THE CITY ATTORNEY OF WICHITA, KANSAS, Defendants.

Supreme Court of Kansas.

Opinion filed July 6, 1955.


Attorney(s) appearing for the Case

P.K. Smith and H.E. Jones, both of Wichita, argued the cause, and Russell Schultz, A.W. Hershberger, J.B. Patterson, Richard Jones, Wm. P. Thompson, and Jerome E. Jones, all of Wichita, were with them on the briefs for the plaintiffs.

Lawrence E. Curfman, assistant city attorney, argued the cause, and Fred W. Aley, city attorney, was with him on the briefs for the defendants.


The opinion of the court was delivered by

ROBB, J.:

This was an original proceeding in mandamus filed directly in this court by the plaintiffs above set out.

Plaintiffs' petition filed November 29, 1954, requested the issuance of an alternative writ in mandamus and stated that plaintiffs owned some sixty-five acres southeast of Wichita. The board of park commissioners, hereafter called defendants, on July 22, 1954, unanimously

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