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CITY OF WICHITA v. FITZGERALD

No. 73,759.

22 Kan. App.2d 428 (1996)

916 P.2d 1301

CITY OF WICHITA, KANSAS, A MUNICIPAL CORPORATION,Appellant, v. BRIAN FITZGERALD and GREGORY PEDERZANI,Appellees.

Court of Appeals of Kansas.

Opinion filed May 24, 1996.

Attorney(s) appearing for the Case

Douglas J. Moshier and Kelly J. Rundell, senior assistant city attorneys, and Gary E. Rehenstotf, city attorney, for appellant.

M. Duane Coyle, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, and D. Lee McMaster, of Law Office of D. Lee McMaster, of Wichita, for appellees.

Before PIERRON, P.J., MARQUARDT, J., and JAMES J. SMITH, District Judge, assigned.

MARQUARDT, J.:

Brian Fitzgerald and Gregory Pederzani proposed an ordinance (Proposed Ordinance) under K.S.A. 12-3013. On August 19, 1994, the City of Wichita (City) filed a declaratory judgment action, seeking a determination that the Proposed Ordinance is not the proper subject of initiative and referendum because it is: (1) administrative; (2) beyond the power of the City to adopt; and (3) unconstitutional. Fitzgerald and Pederzani answered and counterclaimed,...

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