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WEST v. CITY OF GARDEN CITY

No. 47,240

214 Kan. 473 (1974)

520 P.2d 1290

DUANE E. WEST and ORVILETA M. WEST, husband and wife; EMMA LEAH LaGESSE; EDWARD TOMCHAK and FRANCES TOMCHAK, husband and wife; GLADYS PAASCH and NAVRAT'S OF GARDEN CITY, INC., a Kansas Corporation, Appellees, v. THE CITY COMMISSION OF THE CITY OF GARDEN CITY, KANSAS and JAMES STEWARD, CHARLES COLLINS, D.C. GARCIA, D. KENNETH MINTER, JR. and CECIL BAKER, the City Commissioners of said City; THE URBAN RENEWAL AGENCY OF GARDEN CITY, KANSAS and HOMER CAMPBELL, LOWELL CRAIG, ROBERT GARNAND, A.C. GOTTSCHALK and A.E. RUDD, the Board of Commissioners of the Urban Renewal Agency of Garden City, Kansas; and MARSHA ADAMS, executive director of the Urban Renewal Agency of Garden City, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Ward E. Loyd, of Calihan, Green, Calihan & Loyd, of Garden City, argued the cause, and Clyde P. Daniel, of Daniel & Bolin, of Garden City, was with him on the brief for the appellants.

Selby S. Soward, of Zuspann, Soward, Whalen & Burr, of Goodland, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

Defendants appeal from the trial court's order permanently enjoining condemnation of plaintiffs' property to implement Phase II, Part 3, of the Garden City, Kansas, Neighborhood Development Program. Defendants specifically appeal from that portion of the order which declares the city commission's finding of slum and blight unreasonable, capricious and arbitrary.

In 1968, by Resolution 800, the city...

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