Waterstradt v. Board of Commissioners

The opinion of the court was delivered by

Hatcher, C.:

This controversy stems from a dispute over a rezoning ordinance.

The dispute involves a tract of land in the city of Leavenworth consisting of 600 feet running east and west and 400 feet running north and south. The tract is bounded on the north by Metropolitan Avenue, on the east by 16th Street and on the south by Pawnee Avenue. There are no streets running through the tract. Previous to the ordinance now in question the tract was divided into three separate strips for zoning purposes. The north strip consisting of 150 feet was zoned “E”…