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CARSON v. McDOWELL

No. 45,293

203 Kan. 138 (1969)

452 P.2d 831

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 GARY SMITH, 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 brief for the appellant.

Edward H. Powers and Donald H. Corson, Jr., both of Kansas City, argued the cause and were on the brief for the intervenor.

C.W. Brenneisen, Jr., and Matthew Podrebarac, both of Kansas City, were on the brief for the appellee city of Kansas City.

The opinion of the court was delivered by

HARMAN, C.:

Although this zoning appeal differs in certain aspects not here material, the controlling issue is identical with that in a companion case (Nos. 45,210 and 45,292, consolidated) Carson v. McDowell, 203 Kan. 40, 452 P.2d 828, this day decided.

The property sought to be rezoned here is a small tract near the two tracts in the...

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