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CITY OF DOUGLASS v. TRI-CO FERTILIZER, INC.

No. 47,153

214 Kan. 154 (1974)

519 P.2d 724

CITY OF DOUGLASS, BUTLER COUNTY, KANSAS, et al., Appellants, v. TRI-CO FERTILIZER, INC., Appellee.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

Lester C. Arvin, of Arvin, Arvin and Busey, Chartered, of Wichita, argued the cause, and Morris Moon, of Augusta, was with him on the brief for the appellants.

Robert M. Green, of El Dorado, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action by the city of Douglass and ten resident property owners to enjoin Tri-Co Fertilizer, Inc., from maintaining and using gasoline and diesel fuel storage facilities and constructing and maintaining an anhydrous ammonia storage tank within the city. Trial to the court resulted in judgment for defendant Tri-Co and plaintiffs have appealed.

Tri-Co, a Kansas corporation with its office...

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