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HOUSTON v. BOARD OF CITY COMMISSIONERS

No. 47,799

218 Kan. 323 (1975)

543 P.2d 1010

FLOYD E. HOUSTON and LOIS L. HOUSTON, husband and wife; EDMOND C. FIEDLER and BEVERLY ANN FIEDLER, husband and wife; and SAMUEL T. LUINSTRA and HELEN LUINSTRA, husband and wife, Appellants, v. BOARD OF CITY COMMISSIONERS OF THE CITY OF WICHITA, KANSAS, and THE CITY OF WICHITA, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed December 13, 1975.

Attorney(s) appearing for the Case

Lester C. Arvin, of Arvin, Arvin, Busey and Thomas, Chartered, of Wichita, argued the cause, and Rodney H. Busey and Paul Thomas, of the same firm, were on the brief for the appellants.

H.R. Kuhn, of Arn, Mullins, Unruh and Kuhn, of Wichita, argued the cause, and John Dekker, city attorney, was with him on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

This is an action brought under K.S.A. 12-712 to test the reasonableness of a 1973 Wichita zoning ordinance which changed the zoning of plaintiffs' property from "LC" light commercial to "B" multiple family. The district court upheld the ordinance and plaintiff property owners have appealed.

The zoning ordinance affected all four corners of the intersection of Eleventh and Waco Streets in a residential...

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