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HORYNA v. BOARD OF COUNTY COMMISSIONERS

No. 43,951

194 Kan. 445 (1965)

399 P.2d 844

ROBERT L. HORYNA, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF STAFFORD COUNTY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed March 6, 1965.

Attorney(s) appearing for the Case

A.K. Stavely, Assistant Attorney General, of Topeka, argued the cause, and Robert C. Londerholm, Attorney General, and Robert E. Hoffman, Assistant Attorney General, of Topeka, and William Davison, County Attorney, and William E. Goss, Special Counsel, of St. John, were with him on the briefs for appellants.

Robert P. Keenan, of Great Bend, argued the cause, and Larry E. Keenan, of Great Bend, was with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from a judgment granting a peremptory writ of mandamus commanding the Board of County Commissioners of Stafford County, Kansas, to grant to plaintiff a retail cereal malt beverage license to sell malt beverages in original and unbroken case lots in South Seward Township in Stafford County.

The case was tried to the court on facts contained in the pleadings and an agreed statement...

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