Arkenberg v. City of Topeka

The opinion of the court was delivered by

Harman, C.:

This is an appeal by plaintiff John H. Arkenberg from an adverse judgment in an injunction action arising out of a zoning controversy. At issue are the legality and reasonableness of a rezoning order.

The First Christian Church of Topeka, Kansas, owns an unplatted tract of ground about four blocks square in the southwest part of Topeka bounded by West Eighteenth Street, Stone Avenue, West Nineteenth Street, and Gage Boulevard. It purchased this property following the destruction by fire of its near downtown church building. Prior to this…