HILL v. CITY OF LAWRENCE

No. 49,084

2 Kan. App. 2d 457 (1978)

582 P.2d 1155

JUSTIN D. HILL, JR. and BARBARA ANN HILL, Appellants, v. CITY OF LAWRENCE, KANSAS, A Municipal Corporation, VERNON L. BRANSON, JESSE M. BRANSON, WILLIAM J. GRIFFITH, SHIRLEY L. GRIFFITH, J.L. MALONEY, DOROTHY B. MALONEY, W. STITT ROBINSON, and CONSTANCE M. ROBINSON, Appellees.

Court of Appeals of Kansas.

Petition for review denied September 13, 1978.


Attorney(s) appearing for the Case

Peter K. Curran, of Petefish, Curran & Immel, of Lawrence, for appellants.

Milton P. Allen, of Allen & Cooley, of Lawrence; and Richard L. Zinn, of Barber, Emerson, Six, Springer & Zinn, of Lawrence, for appellees.

Before FOTH, C.J., SPENCER and SWINEHART, JJ.


FOTH, C.J.:

Plaintiffs, Mr. and Mrs. Justin D. Hill, Jr., brought this action in mandamus to compel the governing body of the City of Lawrence to open a portion of Broadview Drive, a platted street which dead-ends, at their property line. Alternatively they prayed for a declaratory judgment that they are entitled to use the street in its unopened state for vehicular access to their property. Certain landowners residing on the unopened street intervened, opposing plaintiffs...

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