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KOPPEL v. CITY OF FAIRWAY

No. 42,758

189 Kan. 710 (1962)

371 P.2d 113

DAVID KOPPEL, T.R. HEATH and EUGENE F. ENGEL, Appellees, v. CITY OF FAIRWAY, JOHNSON COUNTY, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 5, 1962.

Attorney(s) appearing for the Case

Paul E. Wilson, of Lawrence, argued the cause, and John R. Keach, of Mission, was with him on the brief for the appellant.

H. Thomas Payne, of Olathe, argued the cause, and Howard E. Payne, W.C. Jones and Robert P. Anderson, all of Olathe, were with him on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This action was brought by David Koppel, a resident and property owner of the city of Fairway, and T.R. Heath and Eugene F. Engel, property owners and residents of the adjoining city of Roeland Park, to determine the validity of an ordinance passed by the City of Fairway under which a tract of land was rezoned from residential to retail business district classification.

The allegations of the petition...

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