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PHILLIPS v. VIEUX

No. 46,510

210 Kan. 612 (1972)

504 P.2d 196

AUSTIN PHILLIPS, Et Al., Appellees, v. FRED R. VIEUX, Et Al., Appellants.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

James B. McKay, Jr., of McKay & McKay, of El Dorado, argued the cause, and Fred R. Vieux, of Augusta, was with him on the brief for the appellants.

R.A. Munroe, of Augusta, attorney for appellee Phillips, argued the cause, and Morris Moon, also of Augusta, was with him on the brief for the appellee City of Augusta.

The opinion of the court was delivered by

OWSLEY, J.:

This action involves the question of whether a grocery store may be constructed on plaintiff's land under a comprehensive zoning ordinance adopted by the City of Augusta, Kansas.

The action is in the nature of a declaratory judgment brought by the plaintiff-landowner. The defendant, Vieux, is a practicing attorney who owns an interest in real estate presently occupied by a retail grocery store located...

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