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VICKRIDGE HOMEOWNERS ASS'N v. CATHOLIC DIOCESE, WICHITA

No. 46,837

212 Kan. 348 (1973)

510 P.2d 1296

VICKRIDGE First and Second Addition HOMEOWNERS ASSOCIATION, INC., N.H. PRONKO, LEE PHILLIPS, III, RUSSELL W. TAYLOR, GEORGE REED, DR. HARVEY W. HEFLEY, NICK ONOFRIO, JEFF LYLE, DR. D.O. HOWARD, D.R. SODER, A.K. WILSON, DR. NORMAN K. PULLMAN, JACK SPINES, JR., and DAN CALIENDO, Appellees, v. CATHOLIC DIOCESE OF WICHITA, Appellant.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

Lawrence McDonough, of Jochems, Sargent & Blaes, of Wichita, argued the cause, and Emmet A. Blaes, of the same firm, was with him on the brief for the appellant.

Roger K. Wilson, of Arn, Mullins, Unruh & Kuhn, of Wichita, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

KAUL, J.:

This was an action to enjoin defendant-appellant from constructing a gymnasium, a baseball diamond, a football field and track facility on property owned by it located in the Vickridge area of Wichita. Plaintiffs-appellees are certain individual homeowners in the area and the Vickridge First and Second Addition Homeowners Association, Inc. Defendant is the owner of Lot 28, Block 5 of Vickridge Second Addition...

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