Reynolds v. City of Independence

PRITCHARD, Presiding Judge.

Plaintiffs are owners of property abutting a public alley within the city of Independence, which, on application of the First Baptist Church of Independence, was vacated in part by defendant’s Ordinance No. 7437 on March 21, 1983. On July 21, 1983, plaintiffs filed their petition for declaratory judgment seeking a determination that the ordinance is invalid, unlawful and void so as to be of no further force and effect. Defendant filed a motion to dismiss the petition upon the ground that it was not timely filed (within 30 days after enactment of the ordinance). The…