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CARP v. BOARD OF COUNTY COMMISSIONERS

No. 42,839

190 Kan. 177 (1962)

373 P.2d 153

FRED CARP, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, et al., Appellees.

Supreme Court of Kansas.

Opinion filed July 7, 1962.

Attorney(s) appearing for the Case

Robert C. Foulston, of Wichita, argued the cause and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes and Robert L. Howard, all of Wichita, were with him on the briefs for the appellant.

Thomas A. Bush, of Wichita, argued the cause and was on the briefs for the appellees.

Warden L. Noe, of Holton, filed a brief amicus curiae on behalf of the Kansas Livestock Commission.

Jay W. Scovel and Robert K. Scovel, both of Independence, filed a brief amici curiae for the Kansas Farm Bureau, the Montgomery County Farm Bureau, the Wilson County Live Stock Association and the Agri-Business Council of Independence.

The opinion of the court was delivered by

JACKSON, J.:

In this appeal, the appellant as plaintiff in the court below brought an action for declaratory judgment and injunctive relief against the Sedgwick county board of commissioners and the county zoning administrator to enjoin defendants from requiring plaintiff to cease and desist from constructing buildings and operating a hog farm within the three-mile zoning belt of Wichita.

The lower court refused...

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