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McDOWELL v. CITY OF TOPEKA

No. 58,654

239 Kan. 263 (1986)

718 P.2d 1308

ROBERT McDOWELL and BARBARA McDOWELL, Appellees, v. CITY OF TOPEKA, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 2, 1986.

Attorney(s) appearing for the Case

Richard E. Jones, deputy city attorney, argued the cause and Mark S. Braun, legal intern, was with him on the briefs for appellant.

John R. Hamilton, of Hamilton & Hannah, of Topeka, argued the cause, and Patrick B. Augustine, of Calkins, Kramer, Grimshaw, & Harring, of Denver, Colorado, was with him on the brief as special counsel, for appellees.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the City of Topeka from an order of the district court declaring two annexation ordinances of the city invalid. The facts were stipulated by the parties and will be summarized herein.

Plaintiffs Robert and Barbara McDowell are the owners of approximately 60 acres of unplatted land lying generally south and west of 31st Street and Wanamaker Road in Shawnee County. For convenience...

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