Amend Zoning Crawford & ... (2)
GUY A. THOMPSON. TRUSTEE
MISSOURI PACIFIC LINES
T"EPHONE 22,.
A. L. WEBB
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NO '.C ...nON
SALINA. KANMS
220
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February 9.1952.
IIr.Leland Braok.
cu, II8DqIr.
Salt... ...s.
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D8ar Mr.Srack:
Referring to our pet! 1ö10D tfr reaoD1Dg
11188O1&rl Pacifio prope1't7 between Crawford aDd Bep-
ublic AT.DUS SaliJU1 to ..,. light Industrial.
Due to objeotions to our loating tb.e
Dler~ Lumber Co.. on our 'tr8eka and Republic ATe..
.e .tab. to suggest that coaalderatloD b. gl...n to the
rezoning except the south 100 teet which would .l1m1œte
ObjectioD8 due to the n-.rn..s to S\III8e1; Park.
'Ife w111 appreciate TOur- bandllng wi th
the colllll1saioners.
It must be understood tba.~ the abaft
Sugge8tion i8 without waiTing any rights ot the 111a8our1
Pacific Railroad.
Yours ~.
a'f~
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COPY
),:ISSOURI PACITIC RAILRJt..D
Law Department
923 First I.iational óank
Wichita, Kansas
April 17,1952.
cm.pA.\l'
duilding
Mr. C. L. Clark
Planters State Bank Building
Salina, Kansas
Dear ¡~r. Clark:
Upon receipt of your letter of March 2.5, 1952, we took up with
o~officials the matter of the suggestion contained in ;Tour
letter that the city would be willing to rezone that part of
the tract involved which lies north of the north line of Nilson
Street extended to "F" Light Industri&1, excluding from such
light industrial classification, however, subdivisions 6 and
30.
The railroad is agreeable to the exclusion of subdivisions 6 am
30 from the light industrial classification, but is not willing
to have the south line of the li~ht industrial classification
fixed at the north line of ohlson Street. The railroad is
willing, however, to elimina te from the light indus trial class-
ification the south 150 feet of the tract; that is, that the
portion of the tract lying between the north line of Republic
Avenue extended and a point 150 feet north thereof shall retain
a classification of "A" Hesidential.
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Will you kindly advise us if the above meets with the approval
of the city.
Very truly yours,
LILLESTON SPRADLING GOIT & STALIJíITZ
RMH-H
By
/5/ Ralph M. Hope
General Attorneys
cc:
Mr. A. L. Webb, Division Freight & Passenger Agent.
LAW OFFICES
CLARK AND MIZE
PL'NTERS ST.rE SANK Su,,'.'."
SALINA.KANSAS
C L CL"'~
J"ME" P MOZE
JASON ~ <OROY
¡,lay If), 1952
Ehe Layor and the
boaro of Corm,'issioners
of theCitJ" of Salina,
City Eall
Salina, Kansas
~atlsas
Re:
Petition f~r the rezonine of tr~t
certain strip of land owned by the
"lssouri Pacific P.ailroad Cuntpan;".,
l;¡cing between Crawford Street and
Republic Avenue, next west of the
railroad right-of-way
Gentlemen:
As you know, I have been engaginf~ in correspondence wi tJ- the
Ler,al Department of t.Ì:e ìÜssouri Pacific Railroad Company re-
lating to t!le contention of the railroad that the zoning ordinance
of the City of Salina, with respec+, to its application to said
land, is unreasonable and void. The railroad contends that,
amonf other thin~s:
(1) '¡¡-,at the railroad co:7lpan,; i" l:ilnited by its charter in the
carrying on of ;;. railroad o;lsÌfJess. fLeet it acquired the land
for the pur;,ose of utilizing it incident to that business. 'rœt
as a result of the inclusion of s'~ch land in the city as a part
of the A residential Jse District under the zoning ordinance that
the railroad is completeJ.y deprived of any lav;.f..1l use of such
propertyanà that as a result thereo~ the zoninç ordinance, in
effect, confiscates ohe property of the railroad.
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The railroad has indicated that it intends to institute a suit
to compel the city to zone saiò stri_p under the zoninG ordinance
and to permit the use tr.creunder as a liGht industrial district.
While I <LT not conceding the coITectness of the railroad, that
contention does create a serious legal problem. It is possible
that the courts would hold the contention of the railroad correct.
In such an event the entire strip would be utilized for light
industrial purposes. In order to avoid litigation and to further
avoid the fossibility of all of said strip being utilized for
,
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Pa'ce 'iwo
Hayor and .~oard of Comrqissioners
;Iay If-, 19:;2
said ~urpose, it is my recomrrendation that the governip~ body
undertake to affect a comproJ11Í8e witt. t.'1e railroad so that some
reasonable portion of said strip might be utilized by the rail-
road under the provisions of the zoning ordinance describing
the regulations as to the light industrial use.
Yours~ery, truly,
C . ~ ~ A""'l<NEY
CLC:h
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