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KENNEDY v. CLASSIC DESIGNS, INC.

Nos. 57,608, 58,231

239 Kan. 540 (1986)

722 P.2d 504

E. DEAN KENNEDY and CHERYL L. KENNEDY; PAUL W. DIAMOND and O. PATRICIA DIAMOND; DONALD K. SPAENY and ALBERTA J. SPAENY; and ASTLE REALTY, INC., Appellees, v. CLASSIC DESIGNS, INC., a Kansas corporation, Appellant, and VALLEY FEDERAL SAVINGS AND LOAN ASSOCIATION OF HUTCHINSON, Intervenor/Appellant.

Supreme Court of Kansas.

Opinion filed July 18, 1986.

Attorney(s) appearing for the Case

Dennis O. Smith, of Hutchinson, argued the cause and was on the brief for appellant Classic Designs, Inc.

Phillip Frick, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause and Robert L. Howard and Laura B. Shaneyfelt, of the same firm, were on the brief for intervenor/appellant Valley Federal Savings and Loan Association of Hutchinson.

Joseph L. McCarville III, of Rauh, Thorne, Childs & O'Sullivan, of Hutchinson, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

These are consolidated appeals by defendant Classic Designs, Inc., (Classic Designs) and defendant/intervenor Valley Federal Savings and Loan Association (Valley Federal) from the granting of temporary and permanent injunctions enjoining the appellants from construction of certain types of homes in a Hutchinson subdivision. Appellees are owners of various lots in the subdivision. Case No. 57,608 is the...

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