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HUDSON OIL CO. v. CITY OF WICHITA

Nos. 43,795 and 43,796 (Consolidated)

193 Kan. 623 (1964)

396 P.2d 271

HUDSON OIL COMPANY OF MISSOURI, INC.; MARY VANDEGRIFT; and F.B. VANDEGRIFT, Appellees and Cross-Appellants, v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation; BOARD OF CITY COMMISSIONERS OF CITY OF WICHITA, KANSAS; CARL A. BELL, Mayor and City Commissioners of the City of Wichita, Kansas; HERBERT P. LINDSLEY, LEVI B. RYMPH, GERALD F. BYRD and JUSTUS H. FUGATE, City Commissioners of the City of Wichita; and C.H. FUNK, City Clerk of the City of Wichita, Appellants and Cross-Appellees; and SAFEWAY STORES, INC., a Maryland Corporation, Appellee. HUDSON OIL COMPANY OF MISSOURI, INC.; MARY VANDEGRIFT; and F.B. VANDEGRIFT, Appellees and Cross-Appellants, v. CITY OF WICHITA, KANSAS, a Municipal Corporation; WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION; EDWIN B. LAW, Chairman; CHARLES W. HARRIS, CHARLES ANDERSON, HARRY B. DUGAN, JOHN TROUT, JR., MERRITT WINSBY, ERLE JENNINGS and JOSEPH MEEHAN, Members of the Wichita-Sedgwick County Metropolitan Area Planning Commission, City of Wichita, Kansas; BOARD OF CITY COMMISSIONERS OF WICHITA, KANSAS; CARL A. BELL, JR., Mayor and City Commissioners of the City of Wichita, Kansas; HERBERT P. LINDSLEY, LEVI B. RYMPH, GERALD F. BYRD and JUSTUS H. FUGATE, City Commissioners of the City of Wichita, Kansas; and C.H. FUNK, City Clerk of the City of Wichita, Kansas; Appellants and Cross-Appellees, and SAFEWAY STORES, INC., a Maryland Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed November 7, 1964.

Attorney(s) appearing for the Case

Edward F. Arn, of Wichita, argued the cause, and Fred W. Aley, John Dekker, Richard F. Mullins, Milo M. Unruh, H.R. Kuhn, and Louis W. Cates, all of Wichita, were with him on the briefs for the appellants.

Wayne Coulson, of Wichita, argued the cause and 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 appellees and Hugo T. Wedell and Homer V. Gooing, both of Wichita, of Counsel.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from two consolidated actions. One was a mandamus action to compel the Board of City Commissioners of the City of Wichita, Kansas to approve a plat of plaintiffs' tract of land in the city. The other was a mandamus action to compel the Board of City Commissioners of the City of Wichita and the Wichita-Sedgwick County Metropolitan Area Planning Commission to rezone plaintiffs' tract.<...

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