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CALLAWAY v. CITY OF OVERLAND PARK

No. 46,344

211 Kan. 646 (1973)

508 P.2d 902

E. CONITA CALLAWAY, an individual, et al., Appellants, v. CITY OF OVERLAND PARK, KANSAS, a municipal corporation, Appellee.

Supreme Court of Kansas.

Opinion filed April 7, 1973.

Attorney(s) appearing for the Case

Kenton C. Granger, of Granger and Nagels, Chartered, of Overland Park, argued the cause and was on the brief for the appellants.

John L. Vratil, of Bennett, Lytle & Wetzler, of Prairie Village, argued the cause, and Robert F. Bennett, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This is a declaratory judgment action attacking the validity of a city ordinance which imposes a tax or charge upon numerous business pursuits including the business of leasing rental properties in Overland Park, Kansas. The rental properties affected are apartments, duplexes and similar properties having a city zoning classification of R-2 and above.

The plaintiffs are individuals and firms who...

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