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BURKE & McCAFFREY, INC. v. CITY OF MERRIAM

No. 44,629

198 Kan. 325 (1967)

424 P.2d 483

BURKE & McCAFFREY, INC., Appellant, v. THE CITY OF MERRIAM, KANSAS, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1967.

Attorney(s) appearing for the Case

John T. Flannagan, of Olathe, argued the cause, and Howard E. Payne, W.C. Jones, Robert P. Anderson, Keith Martin, H. Thomas Payne, John H. Johntz, Jr., and Edward M. Boyle, all of Olathe, were with him on the brief for the appellant.

Louis A. Silks, Jr., of Merriam, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

At issue here is the reasonableness of the action of the governing body of the city of Merriam in refusing to approve a proposed plat of a subdivision submitted to it pursuant to K.S.A. 12-705.

Appellant is a building corporation. It proposed to develop a residential subdivision in the form of a cul-de-sac approximately one thousand feet in length on property it owned between Sixty-fifth and Sixty...

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