HUDSON PROPERTIES, INC. v. CITY OF WESTWOOD

No. 40,499

181 Kan. 320 (1957)

310 P.2d 936

HUDSON PROPERTIES, INC., a Corporation, Appellee, v. CITY OF WESTWOOD AND THE GOVERNING BODY OF THE CITY OF WESTWOOD, Appellants.

Supreme Court of Kansas.

Opinion filed May 11, 1957.


Attorney(s) appearing for the Case

John R. Keach, of Mission, argued the cause, and was on the briefs for the appellants.

J. Donald Lysaught, of Kansas City, argued the cause, and Howard E. Payne, of Olathe, Arthur J. Stanley, Jr., J.E. Schroeder, Lee E. Weeks, L.O. Thomas, Robert H. Bingham, Richard Millsap, Ervin G. Johnston and Charles E. Gallup, all of Kansas City, were with him on the briefs for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This action was brought to compel the City of Westwood and its governing body, defendants (appellants), to issue a building permit to Hudson Properties, Inc., plaintiff (appellee), for construction of a service station in that city. The service station was to be built on property already zoned for retail business with specified uses, including "gasoline and oil service stations." After the city council denied...

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