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BLOCKBUSTER VIDEO, INC. v. CITY OF OVERLAND PARK

No. 74,643.

24 Kan. App.2d 358 (1997)

948 P.2d 179

BLOCKBUSTER VIDEO, INC., Appellant, v. CITY OF OVERLAND PARK, KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed May 30, 1997.

Attorney(s) appearing for the Case

Timothy J. Sear, of Polsinelli, White, Vardeman & Shalton, P.C., of Overland Park, for appellant.

Neil R. Shortlidge, of Stinson, Mag & Fizzell, P.C., of Overland Park, and J.Bart Budetti, senior assistant city attorney, for appellee.

Before BRAZIL, P.J., ELLIOTT and KNUDSON, JJ.

ELLIOTT, J.:

Blockbuster Video, Inc., (Blockbuster) appeals the trial court's ruling that Overland Park (City) did not improperly deny Blockbuster's revised final development plan because the proposed continuous awning violated the City's guidelines for shopping center design.

We affirm.

Blockbuster leased property in a Wal-Mart center in Overland Park. Blockbuster has a standard design package to identify its stores to the public, and its standard...

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