Simmonds v. Meyn

The opinion of the court was delivered by

Harvey, J.:

This is an action to enjoin the construction and operation of a filling station on lot number 166 on Massachusetts street in Lawrence, and to have adjudged void ordinance number 1739 of the city of Lawrence, which amended a prior zoning ordinance of the city. The trial court made findings of fact and rendered judgment for defendant. Plaintiff has appealed. The findings of fact tell the story of the controversy, as follows:

*420“1. The defendant, Fritz Meyn, is the owner of lot number 166, Massachusetts street, Lawrence, Kan., which is located at…