Koppel v. City of Fairway

The opinion of the court was delivered by

Wertz, J.:

This action was brought by David Koppel, a resident and property owner of the city of Fairway, and T. R. Heath and Eugene F. Engel, property owners and residents of the adjoining city of Roeland Park, to determine the validity of an ordinance passed by the City of Fairway under which a tract of land was rezoned from residential to retail business district classification.. The allegations of the petition and the agreed facts pertaining thereto are substantially as follows:

The J. C. Nichols Company is the owner of a triangular,…