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COUGHLIN v. CITY OF TOPEKA

No. 46,183

206 Kan. 552 (1971)

480 P.2d 91

E.J. and PATTY COUGHLIN, WALTER E. and VERA DeBOARD, RAY D. EWERS, G.W. HALLIDAY, VINCENT C. JR. and HARRIETT HALPIN, DR. JAMES E. and NORITA HASSELLE, MAURICE E. and JOAN HOCHARD, KATHERINE LUND, DR. WILLIAM and MARY JANE NICE, LOUISE L. O'NEIL, LYLE E. and HELEN T. PEARSON and DR. WILLIAM S. and ELEANOR E. SIMPSON, Appellees, v. THE CITY OF TOPEKA, a Municipal Corporation, the MAYOR and BOARD OF COMMISSIONERS OF THE CITY OF TOPEKA, KANSAS and JACK C. McCARTER, Appellants.

Supreme Court of Kansas.

Opinion filed January 23, 1971.

Attorney(s) appearing for the Case

Robert Ochs, of Topeka, argued the cause and Charles S. Fisher, Jr., James E. Benfer and Bruce C. Harrington, Assistant City Attorney, all of Topeka, were with him on the brief for appellants.

John E. Wilkinson, of Topeka, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

FROMME, J.:

The city governing body of Topeka rezoned a portion of one block of a residential area lying south of Eighth street and between Buchanan street on the east and Lincoln street on the west to accommodate construction of a medical office facility which could eventually take care of fourteen doctors.

A group of homeowners near the area brought an action under K.S.A. 12-712 to test the reasonableness...

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