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JACOBS, VISCONSI & JACOBS, CO. v. CITY OF LAWRENCE, KAN.

No. 89-3082.

927 F.2d 1111 (1991)

JACOBS, VISCONSI & JACOBS, CO.; Richard A. Armstrong; and Betty J. Grisham, Plaintiffs-Appellants, v. CITY OF LAWRENCE, KANSAS; Robert J. Schumm; Michael Amyx; Dennis D. Constance; Sandra K. Praeger; Thomas M. Rundle; Lawrence-Douglas County Metropolitan Planning Commission; and Does 1 through 100, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 5, 1991.

Attorney(s) appearing for the Case

Robert H. Freilich of Freilich, Leitner, Carlisle & Shortlidge, Kansas City, Mo. (Neil R. Shortlidge and Barbara Brink of Freilich, Leitner, Carlisle & Shortlidge, Kansas City, Mo., and John A. Emerson of Barber, Emerson, Springer, Zinn & Murray, Lawrence, Kan., on the briefs), for plaintiffs-appellants.

Barbara Baran of Ross & Hardies, Chicago, Ill., and Gerald L. Cooley of Allen & Cooley, Lawrence, Kan. (Roger Brown of Allen & Cooley, Lawrence, Kan., Richard F. Babcock and Daniel P. Hogan of Ross & Hardies, Chicago, Ill., with them on the brief), for defendants-appellees.

Before McKAY, ANDERSON, and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

Appellants, landowners and a developer whose request to rezone a parcel of land was denied by the Lawrence City Commission, appeal the district court's dismissal of their complaint alleging civil rights and antitrust violations for failure to state a cause of action for which relief could be granted. See Fed.R.Civ.P. 12(b)(6). When reviewing the summary dismissal of a complaint, we view the facts...

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