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DAVIS v. CITY OF LEAVENWORTH

No. 63,277

247 Kan. 486 (1990)

802 P.2d 494

CLIFFORD F. DAVIS and IVA L. DAVIS, Appellees, v. CITY OF LEAVENWORTH, KANSAS, Appellant, and GREENAMYRE RENTALS, INC., Defendant.

Supreme Court of Kansas.

Opinion filed December 7, 1990.

Attorney(s) appearing for the Case

Robert D. Beall, of Davis, Beall, McGuire & Thompson, Chartered, of Leavenworth, argued the cause, and was on the briefs for appellant.

Rod L. Richardson, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

SIX, J.:

This is a specific tract rezoning action initiated under K.S.A. 12-712. The two issues are whether: (1) the record is adequate to permit a determination of reasonableness; and (2) if the record is adequate for such a determination, whether the defendant acted reasonably in approving the zoning ordinance. The defendant City of Leavenworth (the City) appeals the trial court's granting summary judgment to plaintiffs...

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