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KEENEY v. CITY OF OVERLAND PARK

No. 45,329

203 Kan. 389 (1969)

454 P.2d 456

ROBERT KEENEY and CAROL KEENEY; DUANE SYVRED and JEAN SYVRED; H.E. FELLOWS and MARILYN FELLOWS; S.F. MESSER and MARY ANN MESSER; SANDY McCREIGHT; PAUL G. WULFSBERG and BLANCHE WULFSBERG, Appellants, v. THE CITY OF OVERLAND PARK, a Municipal Corporation; and CENTURY DEVELOPMENT COMPANY, INC., a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed May 17, 1969.

Attorney(s) appearing for the Case

Wilson E. Speer, of Olathe, argued the cause, and John Anderson, Jr., of Olathe, was with him on the brief for the appellants.

Donald C. Amrein, city attorney, and John J. Gardner, of Olathe, argued the cause, and were on the brief for the appellees.

The opinion of the court was delivered by

O'CONNOR, J.:

This is an action brought pursuant to K.S.A. 12-712 by plaintiffs, a group of homeowners within or near the Wycliff subdivision in Overland Park, to test the reasonableness of an ordinance enacted by the city governing body rezoning a nearby tract of land. The district court, after hearing the matter, entered judgment for the defendant city and intervenor, Century...

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