West v. City Commission

The opinion of the court was delivered by

Owsley, J.:

Defendants appeal from the trial court’s order permanently enjoining condemnation of plaintiffs’ property to implement Phase II, Part 3, of the Garden City, Kansas, Neighborhood Development Program. Defendants specifically appeal from that portion of the order which declares the city commission’s finding of slum and blight unreasonable, capricious and arbitrary.

In 1968, by Resolution 800, the city commission of Garden City, pursuant to requirements of K. S. A. 17-4746 and to exercise statutory urban renewal powers, found existent areas of…