St. John v. City of Salina

Foth, C.J.:

On October 6, 1980, and May 3, 1982, the Salina City Commission passed the rezoning ordinances which are the subject of this case. On October 24, 1983, plaintiffs filed this declaratory judgment action challenging the legality of the passage of the ordinances. Plaintiffs complain that ordinance 80-8810 was not passed by the three-fourths majority required by K.S.A. 12-708 (a protest petition' had been filed) and that ordinance 81-8888 was invalidly passed because it had not been submitted to the chief engineer of the Division of Water Resources. (The tract of land in question is…