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BENSON v. CITY OF DE SOTO

No. 46,921

212 Kan. 415 (1973)

510 P.2d 1281

FRED BENSON, Appellee, v. THE CITY OF De SOTO, HARVEY SCHULTZ, as Mayor of Said City, and LARRY BUCKLEY, FRANCIS GILLIHAN, MARY NEELAND, CHARLES SCHMIDT and BURREL STEELE, As Members of the City Council of the Said City of De Soto, Said Mayor and Council Constituting the Governing Body of the Said City of De Soto, Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

David J. Waxse, of Payne and Jones, of Olathe, argued the cause, and was on the brief for the appellants.

John Anderson, Jr., of Hackler, Anderson, Londerholm, Speer and Vader, of Overland Park, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This case involves a controversy over rezoning and the development of a mobile home complex on a tract of land located in the city of De Soto, Kansas. The trial court issued a mandatory injunction directing the governing body of the city to approve the proposed plat and street plans for the development and enjoining the city from attempting to rezone the land. After final judgment the trial court on motion...

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