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BOARD OF LINCOLN COUNTY COMM'RS v. BERNER

No. 50,958

5 Kan. App. 2d 104 (1980)

613 P.2d 676

BOARD OF COUNTY COMMISSIONERS OF LINCOLN COUNTY, KANSAS, Appellant, v. WILLIAM H. BERNER, ROBERT D. BERNER, & JEAN BERNER d/b/a BILLS & BOB'S TRADING POST, Appellees.

Court of Appeals of Kansas.

Opinion filed June 27, 1980.

Attorney(s) appearing for the Case

Susan Marshall, county attorney, and Sheldon E. Morton, former county attorney, for appellant.

Michael S. Holland, of Russell, for appellees.

Before FOTH, C.J., SWINEHART and MEYER, JJ.

Petition for review denied 228 Kan. 806.

MEYER, J.:

This case involves a declaratory judgment regarding the validity of a zoning ordinance. The trial court declared the zoning ordinance invalid and the Board of County Commissioners of Lincoln County, Kansas (appellant), appeals. The appellees are William H. Berner, Robert D. Berner, and Jean Berner, d/b/a Bills & Bob's Trading Post.

Appellant established the Lincoln County Planning Board to

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