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FREY, INC. v. CITY OF WICHITA

No. 57,701

11 Kan. App. 2d 116 (1986)

715 P.2d 417

FREY, INC., a Kansas Corporation, Appellee/Cross-Appellant, v. THE CITY OF WICHITA, KANSAS; THE BOARD OF COMMISSIONERS OF THE CITY OF WICHITA, KANSAS, et al., Defendants, and THE FIFTH DISTRICT HOMEOWNER'S ASSOCIATION, an Unincorporated Association, by ROBERT SUMMERS, an Individual Homeowner, Intervenor-Appellant/Cross-Appellee.

Court of Appeals of Kansas.

Opinion filed March 13, 1986.

Attorney(s) appearing for the Case

Robert L. Mitchell, of Wichita, for intervenor-appellant/cross-appellee.

Clark R. Nelson, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for appellees/cross-appellants.

Before ABBOTT, C.J., RICHARD W. WAHL, District Judge, assigned, and FREDERICK WOLESLAGEL, District Judge retired, assigned.

ABBOTT, C.J.:

This is a zoning appeal by an intervenor from the trial court's decision granting the plaintiff landowner a change in zoning classification from single-family (AA) to mobile home (G) on property owned by plaintiff. The plaintiff cross-appeals, raising the timeliness of the intervention and challenging the jurisdiction of this court to entertain this appeal on its merits.

The dispositive facts are uncontroverted. The trial court entered a final...

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