Davis v. City of Leavenworth by Supreme Court of Kansas

Davis v. City of Leavenworth

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1 REPORTER'S NOTE: TERRY L. BULLOCK, District Judge, was
appointed to hear case No. 63,277 vice Justice Abbott pursuant to
the authority vested in the Supreme Court by Article 3, § 6(f) of
the Kansas Constitution. The opinion of the court was delivered by This is a specific tract rezoning action initiated under K.S.A.
12-712. The two issues are whether: (1) the record is adequate to
permit a determination of reasonableness; and (2) if the record
is adequate for such a determination, whether the defendant acted
reasonably in approving the zoning ordinance. The defendant City
of Leavenworth (the City) appeals the trial court's granting
summary judgment to plaintiffs, Clifford F. Davis and Iva L.
Davis, the landowners objecting to the rezoning. Greenamyre
Rentals, Inc., a defendant below, did not join in the City's
appeal.

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