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GUMP REV. TRUST v. CITY OF WICHITA

No. 94,312

35 Kan.App. 2d 501 (2006)

R.H. GUMP REVOCABLE TRUST, c/o R.H. GUMP (OWNER), and NORDYKE VENTURES, LLC., c/o MARK NORDYKE, Appellants, v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation, Appellee.

Court of Appeals of Kansas.

Opinion filed April 14, 2006.

Attorney(s) appearing for the Case

Robert W. Kaplan, of Kaplan, McMillan & Harris, of Wichita, for appellants.

Joe Allen Lang and Jay C. Hinkel, assistant city attorneys, and Gary E. Rebenstorf, city attorney, for appellee.

Before McANANY, P.J., PIERRON and CAPLINGER, JJ.

PIERRON, J.:

R.H. Gump Revocable Trust and Nordyke Ventures, L.L.C. (collectively "Gump") appeal the decision of the district court affirming the decision of the City of Wichita (City) to deny a conditional use permit to allow construction of a cellular communications tower. Gump argues City acted unreasonably, City's decision was not supported by substantial evidence under the Telecommunications Act of 1996, and City acted unreasonably by considering the court's...

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