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COLONIAL INVESTMENT CO. v. CITY OF LEAWOOD

Nos. 53,399, 53,455

7 Kan. App. 2d 660 (1982)

646 P.2d 1149

COLONIAL INVESTMENT COMPANY, INC., Appellant/Cross-Appellee, v. THE CITY OF LEAWOOD, KANSAS, Appellee/Cross-Appellant.

Court of Appeals of Kansas.

Opinion filed June 17, 1982.

Attorney(s) appearing for the Case

Paul D. Sinclair, John P. Hastings, and Charles M. Thomas, of Grier, Swartzman & Weiner, of Kansas City, Missouri, and William V. North, of North, Lancaster & Dickson, of Overland Park, Kansas, for the appellant/cross-appellee.

Larry Winn III and Robert F. Bennett, of Bennett, Lytle, Wetzler, Winn & Martin, of Prairie Village, for the appellee/cross-appellant.

Before SWINEHART, P.J., ABBOTT, J., and HARRY G. MILLER, District Judge Retired, Assigned.

MILLER, J.:

Both parties to this lawsuit have appealed from the rulings of the trial court in a zoning dispute.

In Count I of its second amended petition, plaintiff landowner, Colonial Investment Company, Inc., sought to estop the defendant City of Leawood from zoning the disputed tract as noncommercial; in Count II plaintiff prayed for a declaratory judgment declaring that the land was in fact zoned commercial; in Count

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