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MOORE v. CITY OF LAWRENCE

No. 54,182

232 Kan. 353 (1982)

654 P.2d 445

ALLEN L. MOORE, and WESTERN HOME BUILDERS, INC., a Kansas Corporation, Appellees, v. THE CITY OF LAWRENCE, KANSAS, A Municipal Corporation; MARCI FRANCISCO, DONALD BINNS, BARKLEY CLARK, THOMAS E. GLEASON, JR., and NANCY SHONTZ, Commissioners of the City of Lawrence, Appellants.

Supreme Court of Kansas.

Opinion filed December 3, 1982.

Attorney(s) appearing for the Case

Patrick E. Peery, of Allen, Cooley & Allen, of Lawrence, argued the cause, and Milton P. Allen, of the same firm, was with him on the brief for the appellants.

Edward G. Collister, Jr., of Collister & Kampschroeder, of Lawrence, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal by the City of Lawrence and individual city commissioners (defendants-appellants) from a declaratory judgment entered against them and in favor of Allen L. Moore and Western Home Builders, Inc. (plaintiffs-appellees). The district court found that Section 21-203(d) and (f) and Section 21-302.1 of the City Code of the City of Lawrence were in conflict with K.S.A. 12-705b and were therefore...

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