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KONITZ v. BOARD OF COUNTY COMMISSIONERS

No. 40,164

180 Kan. 230 (1956)

303 P.2d 180

HAROLD KONITZ, REED BYERS and THE JOHNSON COUNTY CIVIC LEAGUE, INC., Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, GEORGE RUSSELL, MARTIN J. ZIEGLER, and L.R. PENNER, Successor to the Office of CLYDE R. CURRY, Appellee.

Supreme Court of Kansas.

Opinion filed November 3, 1956.

Attorney(s) appearing for the Case

James B. Pearson, of Olathe, was on the briefs for the appellants.

John W. Breyfogle, Jr., of Olathe, argued the cause, and Frank L. Hagaman, of Kansas City, Missouri, Lyndus A. Henry, of Overland Park, and James H. Bradley, county attorney, of Olathe, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action brought pursuant to G.S. 1949, 19-2913, to have declared unreasonable the acts of the board of county commissioners of Johnson County in sustaining the acts of the Mission Township zoning board in classifying by alphabetical designation minimum ground floor areas of residences in Nall Hills, a newly platted subdivision in Mission Township. From a judgment in favor of defendant, plaintiffs...

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