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UNRAU v. KIDRON BETHEL RETIREMENT SERVICES, INC.

No. 84,171.

271 Kan. 743 (2001)

27 P.3d 1

D. CLARENCE UNRAU, LOUISE LANGENWALTER, MARY THIESSEN, F.C. LOGANBILL, and ESTHER STUCKEY, Plaintiffs/ Appellants/Cross-appellees, v. KIDRON BETHEL RETIREMENT SERVICES, INC., and KIDRON BETHEL CONDOMINIUMS, INC., Defendants/Appellees/Cross-appellants.

Supreme Court of Kansas.

Opinion filed July 13, 2001.

Attorney(s) appearing for the Case

Randall E. Fisher, of Law Offices of Randall E. Fisher, of Newton, argued the cause and was on the briefs for appellants and cross-appellees.

Susan R. Schrag, of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, argued the cause, and Dennis M. Feeney, of the same firm, and David C. Burns, of Sizemore, Burns & Gilmore, P.A., of Newton, were with her on the briefs for appellees and cross-appellants.

The opinion of the court was delivered by

LOCKETT, J.:

Five condominium owners (Owners) brought an action against a condominium developer corporation and operator corporation seeking revision of condominium declarations, bylaws, and related documents. On appeal, Owners argue (1) that past acts of the illegally constituted board of directors of Kidron Bethel Condominium, Inc. (Association) were unlawful and invalid; (2) that persons who are not condominium...

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