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RICH v. CITY OF WICHITA

No. 42,492

189 Kan. 323 (1962)

369 P.2d 378

HENRY E. RICH, WILMA E. RICH, JOHNSON J. CHAMPLIN, OSBORNE M. ANDERSON, MOLLIE W. ANDERSON, R.E. HONEY, FRANCES W. HONEY, E.H. CULLISON, BIRDIE CULLISON, GLENN G. BLASDEL, LUCINDA BLASDEL, HENRY M. SIEMER, CHRISTINE SIEMER, RAYMOND L. BURDICK, CAROLINE L. BURDICK, DWIGHT A. BEAVERS, and LILY BEAVERS, Appellants, v. CITY OF WICHITA, KANSAS, a Municipal Corporation; BOARD OF CITY COMMISSIONERS, City of Wichita, Kansas; LEVI RYMPH, Mayor and City Commissioner; JUSTUS FUGATE, City Commissioner; HERBERT LINDSLEY, City Commissioner; JOHN MADDEN, City Commissioner; JOHN STEVENS, City Commissioner; and C.H. FUNK, City Clerk of the City of Wichita, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed March 3, 1962.

Attorney(s) appearing for the Case

Robert J. Hill, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, and David W. Buxton, all of Wichita, were with him on the briefs for the appellants; Homer V. Gooing and Hugo T. Wedell, of counsel.

Spencer L. Depew, of Wichita, argued the cause, and Fred W. Aley and Lawrence E. Curfman, both of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by plaintiff landowners from the judgment of the trial court in favor of defendants denying the rezoning of plaintiffs' property located near the city intersection of Oliver avenue and Thirteenth street in Wichita from "A" residential to light commercial.

By way of preliminary background, the record discloses the Wichita-Sedgwick County...

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