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TACO BELL v. CITY OF MISSION

No. 55,240

234 Kan. 879 (1984)

678 P.2d 133

TACO BELL, Appellee, v. CITY OF MISSION, KANSAS, Appellant. ARTHUR TREACHER'S FISH AND CHIPS, INC., Appellee, v. CITY OF MISSION, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed February 18, 1984.

Attorney(s) appearing for the Case

David K. Martin, of Payne & Jones, Chartered, of Olathe, argued the cause and was on the brief for the appellant.

James F. Davis, of Brown, Koralchik & Fingersh, of Overland Park, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from a trial court decision holding the City of Mission acted unreasonably, arbitrarily and capriciously in a zoning decision.

In September, 1981, Taco Bell entered into a contract to purchase a vacant lot on the northeast corner of Johnson Drive and Walmer in Mission, Kansas, from Arthur Treacher's Fish & Chips, Inc., for $150,000, subject to rezoning for a drive-thru fast-food...

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