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GARBER ENTERPRISES, INC. v. CITY OF LAWRENCE

No. 64,573

14 Kan. App. 2d 656 (1990)

798 P.2d 946

GARBER ENTERPRISES, INC., Appellee, v. CITY OF LAWRENCE, a Kansas Municipal Corporation, Appellant.

Court of Appeals of Kansas.

Opinion filed July 13, 1990.

Attorney(s) appearing for the Case

Peter K. Curran, of Petefish, Curran, Immel & Heeb, of Lawrence, for appellant.

M. Dean Burkhead and Timothy G. Riling, of Riling, Burkhead, Fairchild & Nitcher, Chartered, of Lawrence, for appellee.

Before DAVIS, P.J., GERNON, J., and CARL B. ANDERSON, JR., District Judge, assigned.

GERNON, J.:

The City of Lawrence appeals a summary judgment ruling entered for Garber Enterprises, Inc. (Garber). Garber opposed the City's decision to vacate portions of two city streets in the western part of Lawrence. We affirm.

In 1985 residents of the Western Hills subdivision petitioned the Lawrence City Commission to vacate 12th and 13th Streets west of Wagon Wheel Drive. The matter was referred to the

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