McDowell v. City of Topeka

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by the City of Topeka from an order of the district court declaring two annexation ordinances of the city invalid. The facts were stipulated by the parties and will be summarized herein.

Plaintiffs Robert and Barbara McDowell are the owners of approximately 60 acres of unplatted land lying generally south and west of 31st Street and Wanamaker Road in Shawnee County. For convenience, the following map from the briefs of the parties showing the area in question is reproduced.

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Mr. and Mrs. McDowell own the areas…