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KIMBERLIN v. CITY OF TOPEKA

No. 57,630

238 Kan. 299 (1985)

710 P.2d 682

ROBERT R. KIMBERLIN and GALEN L. SCHAEFER, Appellants, v. CITY OF TOPEKA, KANSAS; William B. McCormick, Jack F. Alexander, James L. Claussen, Harry L. Felker, and William P. Sheahan, as members of the governing body, The Board of Commissioners of the City of Topeka, Kansas; and The Board of County Commissioners of Shawnee County, Kansas; Roland G. Hug, Dennis R. Taylor, and Larry D. Woodward, as members of the governing body of Shawnee County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed December 6, 1985.

Attorney(s) appearing for the Case

John E. Stumbo, of Stumbo & Stumbo, of Topeka, argued the cause and was on the brief for appellants.

Stephen P. Weir, of Hiatt & Carpenter, Chartered, of Topeka, argued the cause, and Edwin P. Carpenter, of the same firm, was on the brief for appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is a consolidated appeal of three actions challenging the validity of an airport hazard zoning joint ordinance and resolution enacted by the City of Topeka and the County of Shawnee. The plaintiffs are landowners in the area subject to the ordinance/resolution. The district court upheld the validity of the ordinance/resolution in a trial of the consolidated cases and plaintiffs appeal therefrom...

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