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GAGE v. CITY OF TOPEKA

No. 45,604

205 Kan. 143 (1970)

468 P.2d 232

JOSEPH A. GAGE, JOHN D. GAGE and DOROTHY GAGE TARLETON, Appellants, v. CITY OF TOPEKA, a Municipal Corporation, et al., Appellees.

Supreme Court of Kansas.

Opinion filed April 11, 1970.

Attorney(s) appearing for the Case

Charles Rooney, Jr., of Topeka, argued the cause, and Charles Rooney, Sr., of Topeka, was with him on the brief for the appellants.

James P. Buchele, city attorney, argued the cause, and John Lewis, former city attorney, and Donald S. Simons, former assistant city attorney, were on the brief for the appellees.

The opinion of the court was delivered by

HARMAN, C.:

This action seeks recovery of land by way of reverter because of alleged violation of restrictive covenants contained in a deed of conveyance.

Plaintiffs appeal from summary judgment rendered against them and in favor of the defendants, the city of Topeka and its officers. The parties concede only a question of law was presented to the trial court, the facts not being at issue.

In 1899 the...

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