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CITY OF WICHITA v. BOARD OF SEDGWICK COUNTY COMM'RS

No. 54,336

232 Kan. 149 (1982)

652 P.2d 717

THE CITY OF WICHITA, KANSAS, A Municipal Corporation, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, Appellant, v. FREDERICK J. DODDS, III, DOROTHY F. LOWEN, CAROL A. CONNIE, VONDA J. BLANTON, VIRGINIA BROOKHOUSER, and 795 PETITIONERS OF BEL AIRE, SEDGWICK COUNTY, KANSAS, Intervenors/Appellants.

Supreme Court of Kansas.

Opinion filed October 22, 1982.

Attorney(s) appearing for the Case

Royce E. Wallace, of Wichita, argued the cause and was on the brief for appellant, Board of County Commissioners of Sedgwick County.

Patrick L. Connolly, of Miller, Connolly & Gribble, of Wichita, argued the cause and was on the brief for intervenor-appellants, Frederick J. Dodds, III, et al.

H.R. Kuhn, assistant city attorney, and Douglas J. Moshier, assistant city attorney, argued the cause and John Dekker, city attorney, was with them on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal from an order of the district court reversing an order of the Board of County Commissioners of Sedgwick County (the Board) which granted incorporation of the territory northeast of Wichita generally described as the Bel Aire Improvement District (Bel Aire).

The Board ordered incorporation of the area as a third class city to be known as the City of Bel Aire, Kansas. The incorporation...

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