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SABATINI v. JAYHAWK CONSTRUCTION CO.

No. 47,218

214 Kan. 408 (1974)

520 P.2d 1230

FRANK C. SABATINI; STATE OF KANSAS, ex rel., GENE OLANDER, District Attorney; and LAKE SHORE COUNTRY CLUB, INC., Appellants, v. JAYHAWK CONSTRUCTION CO., INC.; THE CITY OF TOPEKA, KANSAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Frank C. Sabatini, of Sabatini, Waggener & Henderson, of Topeka, argued the cause and was on the brief for Frank C. Sabatini and Lake Shore Country Club, Inc., appellants.

Gene Olander, district attorney, was with him on the brief for the State of Kansas, appellant.

Arthur E. Palmer, of Goodell, Casey, Briman & Cogswell, of Topeka, argued the cause, and Gerald L. Goodell, of the same firm, was with him on the brief for Jayhawk Construction Co., Inc., appellee.

Dan E. Turner, city attorney, was with them on the brief for the City of Topeka, Kansas, et al., appellees.

The opinion of the court was delivered by

FROMME, J.:

At issue here is the validity of Ordinance No. 13213 of the city of Topeka annexing the Rolling Meadows Sub-division located west of Shawnee Lake and southeast of Topeka. Jayhawk Construction Co., Inc. (Jayhawk) filed the petition and plat which covered 22 acres adjoining the corporate limits of Topeka on the east.

Another platted residential development...

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