Phillips v. Vieux

The opinion of the court was delivered by

Owsley, J.:

This action involves the question of whether a grocery store may be constructed on plaintiff’s land under a comprehensive zoning ordinance adopted by the City of Augusta, Kansas.

The action is in the nature of a declaratory judgment brought by the plaintiff-landowner. The defendant, Vieux, is a practicing attorney who owns an interest in real estate, presently occupied by a retail grocery store located within 200 feet of the property owned by plaintiff. Subsequently, other persons were named parties defendant and were permitted to adopt all…