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ST. JOHN v. CITY OF SALINA

No. 56,463

9 Kan. App. 2d 636 (1984)

684 P.2d 464

NORMAN ST. JOHN and LOUIS MISCHLER, Appellants, v. CITY OF SALINA, KANSAS, a Municipal Corporation, Appellee.

Court of Appeals of Kansas.

Petition for review denied October 2, 1984.

Attorney(s) appearing for the Case

Mark J. Dinkel and William L. Winkley, of Salina, for the appellants.

L.O. Bengtson, of Clark, Mize & Linville, Chartered, of Salina, for the appellee.

Before FOTH, C.J., PARKS and MEYER, JJ.

FOTH, C.J.:

On October 6, 1980, and May 3, 1982, the Salina City Commission passed the rezoning ordinances which are the subject of this case. On October 24, 1983, plaintiffs filed this declaratory judgment action challenging the legality of the passage of the ordinances. Plaintiffs complain that ordinance 80-8810 was not passed by the three-fourths majority required by K.S.A. 12-708 (a protest petition had been filed) and that ordinance 81-8888 was invalidly passed...

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