Ford v. City of Hutchinson

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment in which defendant Fitzgerald was' enjoined from erecting a building and conducting a grocery business therein at a certain location in Hutchinson under authority of an amendment to a zoning ordinance whose validity was challenged by the plaintiffs.

It appears that pursuant to the statutes authorizing cities to subdivide their territories into zoning districts (R. S. 12-701 et seq.; 13-1101 et seq.; now R. S. 1933 Supp. 12-701 et seq.), the city of Hutchinson has been zoned into residential, commercial,…