dissenting: It is respectfully submitted the judgment of the trial court should be affirmed. My views are expressed in the dissenting opinion written by Rrookens, District Judge retired, assigned, sitting with the Court of Appeals in Dauffenbach v. City of Wichita, 8 Kan. App. 2d 303, 310, 657 P.2d 582 (1983).
Miller and McFarland, JJ., join in the foregoing dissenting opinion.