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DOWLING REALTY v. CITY OF SHAWNEE

No. 90,078.

32 Kan.App. 2d 536 (2004)

85 P.3d 716

DOWLING REALTY, a Kansas General Partnership, and DAVID F. DOWLING, D.D.S., P.A., Appellants, v. CITY OF SHAWNEE, KANSAS, and MIDWEST HOLDINGS, LLC, Appellees.

Court of Appeals of Kansas.

Opinion filed March 12, 2004.

Attorney(s) appearing for the Case

Deron A. Anliker and John M. Duggan, of Duggan, Shadwick, Doerr & Kurlbaum, P.C., of Overland Park, for appellants.

Marvin E. Rainey and Chad E. Humble, of Rainey & Rainey, of Shawnee Mission, for appellee City of Shawnee.

Mark R. Logan and Kevin L. Bennett, of Law Offices of Kevin L. Bennett, P.A., of Shawnee, for appellee Midwest Holdings, LLC.

Before GREEN, P.J., MARQUARDT and MALONE, JJ.

MARQUARDT, J.:

David F. Dowling, D.D.S., P.A., appeals the trial court's approval of Midwest Holdings, LLC's (Midwest) proposed development of Lot 1 near the corner of 75th and Quivera. We affirm in part, dismiss in part, reverse in part, and remand with directions.

Dr. Dowling, a dentist since 1979, was interested in the four lots located across the street from his office near the corner of 75th Street and Quivera in Shawnee, Kansas. Lot 1 had an abandoned...

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