City of Wichita v. Boles

The opinion of the court was delivered by

Thiele, J.:

This appeal arises from a judgment against the city of Wichita in an action wherein the city sought to abate an alleged nuisance and to enjoin a defendant property owner from maintaining a building alleged to have been erected and now existing in violation of the zoning ordinance of the city.

*620So far as need be noticed, the petition, filed November 22, 1941, alleged that the defendant Boles was the owner of certain real estate known as 603 North Oliver street, and that the defendant Pittman was a building contractor; that for many years there…