Davis v. City of Leavenworth

The opinion of the court was delivered by

Miller, J.:

This is an appeal by the plaintiffs, Clifford F. Davis and Iva L. Davis, from the involuntary dismissal of this action by the Leavenworth District Court. Defendants are Greenamyre Rentals, Inc., the owners of the property rezoned, and the City of Leavenworth.

The facts are not disputed. Greenamyre Rentals, Inc., filed an application for approval of a planned unit development (PUD) and for rezoning with the City of Leavenworth pursuant to K.S.A. 12-729. Plaintiffs are the owners of property which lies within 200 feet of the Greenamyre tract.…