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LEUTENMAYER v. MATHIS

333 S.W.2d 774 (1959)

C. A. LEUTENMAYER et al., Appellants, v. Harry MATHIS et al., Appellees. William F. HANNAN, Sr., et al., Trustees, Etc., Appellants, v. Harry MATHIS et al., Appellees. Emmett L. BEYER, Appellant, v. Harry MATHIS et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied April 22, 1960.

Attorney(s) appearing for the Case

Ernest W. Rivers, Williams, Rivers & Melton, Paducah, for appellants C. A. Leutenmayer and others.

Terrell, Schultzman & Hardy, Adrian H. Terrell, Paducah, for appellants Wm. F. Hannan, Sr., and others.

Wheeler & Marshall, Thomas J. Marshall, Jr., Paducah, for appellant Emmett L. Beyer.

Waller, Threlkeld, Whitlow & Byrd, Henry O. Whitlow, Paducah, for appellees.

CULLEN, Commissioner.

These appeals are from a declaratory judgment of the McCracken Circuit Court, holding invalid an ordinance of the City of Paducah which changed the zoning classification of certain territory in the city from R-1 and R-2 (residential) to B-1 (business). The appellants are property owners in the rezoned area and the appellees are owners of adjoining property.

The territory in question lies on the west side of the City of Paducah, near the...

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