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PAUL v. CITY OF MANHATTAN

No. 46,847

212 Kan. 381 (1973)

511 P.2d 244

WARREN I. PAUL and BARBARA S. PAUL, Appellants, v. THE CITY OF MANHATTAN, A Municipal Corporation; THE MAYOR AND BOARD OF COMMISSIONERS OF MANHATTAN, KANSAS; and RILEY INVESTMENT CO., INC., Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

Thomas Odell Rost, of Topeka, argued the cause, and Harlan W. Graham, of Manhattan, was with him on the brief for the appellants.

Edward Horne, of Manhattan, argued the cause and was on the brief for appellees City of Manhattan and Board of Commissioners of Manhattan.

Dan H. Myers, of Manhattan, argued the cause and was on the brief for appellee Riley Investment Co., Inc.

The opinion of the court was delivered by

FOTH, C.:

This case involves a challenge to the validity of an ordinance of the City of Manhattan rezoning "Cedar Crest," a 54-lot subdivision, from "R" single-family residential to "R-2" two-family residential. Plaintiffs, Mr. and Mrs. Warren I. Paul, are neighboring landowners and residents. They brought this action on behalf of themselves and other neighbors attacking both the procedure leading to the rezoning ordinance...

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