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BARCLAY v. MITCHUM

No. 41,731

186 Kan. 463 (1960)

350 P.2d 1109

BLANCHE BARCLAY, Appellee, v. PAUL F. MITCHUM, Mayor; EARL SWARNER, Commissioner of Finance and Public Property; JOSEPH REGAN, Commissioner of Boulevards and Parks; BOARD OF CITY COMMISSIONERS OF THE CITY OF KANSAS CITY, KANSAS; THE CITY OF KANSAS CITY, KANSAS; and JOHN McDERMOTT, Building Inspector of the City of Kansas City, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed April 9, 1960.

Attorney(s) appearing for the Case

Leo J. Moroney, city counselor, argued the cause, and C.W. Brenneisen, Jr., city attorney, and Joseph A. Bukaty and Francis J. Donnelly, deputy city attorneys, were with him on the briefs for the appellants.

Edward H. Powers, of Kansas City, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by defendants, the board of city commissioners of Kansas City, from the trial court's judgment and order that the action of defendants denying plaintiff's rezoning application was unreasonable, and ordering defendants to change the zoning on the real property from "A" single-family district to "E" apartment district.

Summarized, the petition...

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