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BODINE v. CITY OF OVERLAND PARK

No. 44,654

198 Kan. 371 (1967)

424 P.2d 513

VIRGIL W. BODINE and LEO E. ASHNER, Appellees, v. CITY OF OVERLAND PARK, Appellant.

Supreme Court of Kansas.

Opinion filed March 4, 1967.

Attorney(s) appearing for the Case

Donald C. Amrein, of Mission, argued the cause and was on the brief for the appellant.

Peter A. Martin, of Olathe, argued the cause, and John W. Breyfogle, Jr., also of Olathe, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by landowners pursuant to K.S.A. 12-712 to determine the reasonableness of action taken by the governing body of the city of Overland Park in denying their application for R-4 zoning under the zoning rules and regulations of the city. The trial court after hearing the matter entered judgment for the plaintiffs ordering the property in question rezoned, and the city has duly perfected...

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