KOCH v. BOARD OF COUNTY COMMISSIONERS

Nos. 41,406 and 41,445

185 Kan. 259 (1959)

342 P.2d 163

FRED C. KOCH, W.L. HARTMAN and L.B. HARTMAN, His Wife; EDWIN G. BRADLEY and L.W. BRADLEY, His Wife, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, STATE OF KANSAS; A.B. HUNGERFORD, d/b/a A.B. HUNGERFORD CONSTRUCTION COMPANY; GLEN H. THOMAS, GILBERT W. BAILEY, HARRY DUGAN, ROETZEL JOCHEMS, BERNARD LOHKAMP, PAUL C. MILLER and LESTER WILKINSON, the Duly Appointed Members of the Board of Zoning Appeals under Zoning Resolution Adopted by the Board of County Commissioners of Sedgwick County, Kansas, and Effective March 3, 1958; and SOUTHWESTERN BELL TELEPHONE COMPANY, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1959.


Attorney(s) appearing for the Case

Charles E. Jones, of Wichita, argued the cause, and Mark H. Adams, William I. Robinson, J. Ashford Manka, Clifford L. Malone, Mark H. Adams, II, John S. Seeber, and Oliver A. Witterman, all of Wichita, were with him on the briefs for the appellants.

Orval J. Kaufman, of Wichita, argued the cause, and Lawrence Weigand, Lawrence E. Curfman, Byron Brainerd, Charles W. Harris, J. Ruse McCarthy, Donald A. Bell, Charles C. McCarter, all of Wichita, and Richard C. Allen, of Topeka, were with him on the briefs for appellee, Southwestern Bell Telephone Company.

Ralph Gilchrist, of Wichita, was on the briefs for appellee, the Board of County Commissioners of the County of Sedgwick, State of Kansas.

Lyndon Gamelson, of Wichita, was on the briefs for appellee, A.B. Hungerford, d/b/a A.B. Hungerford Construction Company.

Thomas A. Bush, of Wichita, was on the briefs for appellees, Glen H. Thomas, Gilbert W. Bailey, Harry Dugan, Roetzel Jochems, Bernard Lohkamp, Paul C. Miller and Lester Wilkinson, the duly appointed members of the Board of Zoning Appeals under Zoning Resolution Adopted by the Board of County Commissioners of Sedgwick County, Kansas.


The opinion of the court was delivered by

JACKSON, J.:

The appellants filed suit in the district court to obtain an injunction preventing appellees Southwestern Bell Telephone Company and its contractor Hungerford from constructing a garage and service facility for Bell's service trucks and equipment as permitted by an order of the Board of Zoning Appeals granting permission for such construction. The other appellees were also made parties defendant. A temporary...

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