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ARKENBERG v. CITY OF TOPEKA

No. 44,563

197 Kan. 731 (1966)

421 P.2d 213

JOHN H. ARKENBERG, et al., Appellants, v. THE CITY OF TOPEKA, KANSAS, a municipal corporation, THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF TOPEKA, KANSAS; THE TOPEKA-SHAWNEE COUNTY REGIONAL PLANNING COMMISSION; and FIRST CHRISTIAN CHURCH, a not-for-profit corporation, Appellees.

Supreme Court of Kansas.

Opinion filed December 10, 1966.

Attorney(s) appearing for the Case

Robert S. Johnson, of Topeka, argued the cause, and Beryl R. Johnson, of Topeka, was with him on the brief for the appellants.

Donald S. Simons, of Topeka, argued the cause, and John W. Lewis, of Topeka, was with him on the brief for the appellee city of Topeka, the mayor and board of commissioners of the city of Topeka, and the Topeka-Shawnee County regional planning commission.

David H. Fisher, of Topeka, argued the cause, and Donald Patterson, C.K. Sayler, and Edwin D. Smith, all of Topeka, were with him on the brief for the appellee First Christian Church.

The opinion of the court was delivered by

HARMAN, C.:

This is an appeal by plaintiff John H. Arkenberg from an adverse judgment in an injunction action arising out of a zoning controversy. At issue are the legality and reasonableness of a rezoning order.

The First Christian Church of Topeka, Kansas, owns an unplatted tract of ground about four blocks square in the southwest part of Topeka bounded by West Eighteenth Street, Stone Avenue, West Nineteenth...

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