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CARSON v. McDOWELL

Nos. 45,210 and 45,292

203 Kan. 40 (1969)

452 P.2d 828

DAVID W. CARSON, Appellant, v. JOSEPH H. McDOWELL, Mayor; EARL B. SWARNER, Commissioner of Finance and Public Property; JOSEPH REGAN, Commissioner of Boulevards and Parks; THE CITY OF KANSAS CITY, KANSAS, and MEADOW OAKS COUNTRY CLUB, INC., Intervenor, Appellees.

Supreme Court of Kansas.

Opinion filed April 12, 1969.

Attorney(s) appearing for the Case

John H. Fields, of Kansas City, argued the cause, and was on the briefs for the appellant.

Robert H. Bingham, of Kansas City, argued the cause, and Lee E. Weeks, Leonard O. Thomas, J.D. Lysaught and Ervin G. Johnston, all of Kansas City, were with him on the briefs for the appellees.

C.W. Brenneisen, Jr., of Kansas City, was on the briefs for the city and commissioners of Kansas City, Kansas.

Richard L. Reid was on the briefs for Meadow Oaks Country Club, Inc., intervenor and appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from the judgments in two consolidated cases (Nos. 45,210 and 45,292) in which the district court approved two ordinances changing zoning in the city of Kansas City, Kansas.

As the cases are to be decided on the procedural sufficiency to vest the city with jurisdiction to make the zoning change in each case the general facts may be abbreviated...

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