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WATERSTRADT v. BOARD OF COMMISSIONERS

No. 45,310

203 Kan. 317 (1969)

454 P.2d 445

RODNEY L. WATERSTRADT, FLORA E. WATERSTRADT, B.G. McCLEERY, PATSY R. McCLEERY, ALBERT L. LEBOR, FLORENCE B. LEBOR, EDWARD H. KRACHT, GENEVA KRACHT, RAYMOND F. KERR, LORRAINE J. KERR, KENNETH E. HEBRANK, VERA M. HEBRANK, LAWRENCE A. DAVIS, FLORENCE E. DAVIS, LEO E. BOOKER, CATHERINE E. BOOKER, and LEAVENWORTH HOMEOWNERS ASSOCIATION, a voluntary association, Appellants, v. BOARD OF COMMISSIONERS OF THE CITY OF LEAVENWORTH, Appellee.

Supreme Court of Kansas.

Opinion filed May 17, 1969.

Attorney(s) appearing for the Case

John C. Tillotson, of Leavenworth, argued the cause and was on the brief for the appellants.

Thomas J. Brown, Jr., City Attorney, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This controversy stems from a dispute over a rezoning ordinance.

The dispute involves a tract of land in the city of Leavenworth consisting of 600 feet running east and west and 400 feet running north and south. The tract is bounded on the north by Metropolitan Avenue, on the east by 16th Street and on the south by Pawnee Avenue. There are no streets running...

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