BLEVINS v. HIEBERT

No. 62,450

247 Kan. 1 (1990)

795 P.2d 325

LESLIE W. BLEVINS, SR., Appellant, v. NANCY HIEBERT, WARREN RHODES, and DAVID HOPPER, individually and in their capacity as the BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS; and DENNIS CONSTANCE, MICHAEL RUNDLE, MICHAEL AMYX, SANDY PRAEGER, and ROBERT SCHUMM, individually and collectively as members of the CITY OF LAWRENCE BOARD OF CITY COMMISSIONERS, Appellees.

Supreme Court of Kansas.

Opinion filed July 13, 1990.


Attorney(s) appearing for the Case

Donald G. Strole, of Lawrence, argued the cause and was on the briefs for appellant.

John W. Lungstrum, of Stevens, Brand, Lungstrum, Golden & Winter, of Lawrence, Mary F. Carson, of Gilmore & Bell, of Overland Park, and Barkley Clark, of Shook, Hardy & Bacon, of Kansas City, Missouri, argued the cause, and Scott J. Bloch, of Stevens, Brand, Lungstrum, Golden & Winter, of Lawrence, was with them on the briefs for appellee Board of County Commissioners of Douglas County.

Roger K. Brown, of Allen, Cooley & Allen, of Lawrence, was on the brief for appellee Board of City Commissioners of City of Lawrence.

James M. Kaup, general counsel, and David L. Corliss, attorney, were on the briefs for amicus curiae League of Kansas Municipalities.


The opinion of the court was delivered by

HERD, J.:

This civil action for an injunction comes before the court upon rehearing. Pursuant to an order issued January 30, 1990, we withdrew our previous opinion in Blevins v. Hiebert, 245 Kan. 646, 783 P.2d 1260 (1989), and granted rehearing to examine further the full scope of our decision. Blevins appeals a district court order granting...

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