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SPURGEON v. BOARD OF COMMISSIONERS

No. 40,648

181 Kan. 1008 (1957)

317 P.2d 798

ORION RALPH SPURGEON and ADELINE MAY SPURGEON, Appellants, v. BOARD OF COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, DEAN E. YINGLING, ROBERT R. JONES and PAUL MADDEN, Commissioners; SHAWNEE COUNTY PLANNING COMMISSION, CHRIS ARMSTRONG, J.H. DEURMYER, JAY SHIDLER, CLIF WATSON, P.G. BAIRD, WALTER KING, members of the Commission; BOARD OF ZONING APPEALS OF SHAWNEE COUNTY, KANSAS, ELROY VILT, J.H. DEURMYER, PERRY C. WAYMAN, ED H. GRUNDEMAN and KELLY LEWIS, members of the Board; JOSEPH M. BENSON, Secretary of the Shawnee County Planning Commission; JOSEPH M. BENSON, Secretary of the Board of Zoning Appeals of Shawnee County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed November 9, 1957.

Attorney(s) appearing for the Case

David H. Fisher, of Topeka, argued the cause and Donald Patterson, of Topeka, was with him on the briefs for the appellants.

Maurice D. Freidberg, of Topeka, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

HALL, J.:

This is an appeal from an order of the district court of Shawnee County affirming the enforcement of a Shawnee County zoning resolution as it applies to appellants and permanently enjoining appellants from using their property in violation of the resolution.

Pursuant to the provisions of G.S. 1955 Supp., 19-2927 through 19-2936 the Board of County Commissioners...

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