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BOARD OF SATANTA v. HASKELL COUNTY PLANNING BOARD

No. 44,518

197 Kan. 321 (1966)

416 P.2d 791

THE BOARD OF SATANTA JOINT RURAL HIGH SCHOOL DISTRICT No. 2 and the Members Thereof, CARLYLE KIEHNE, WILLIAM HELTON and ELWIN ANTHONY, Individually and As Such Members, Appellants, v. THE HASKELL COUNTY PLANNING BOARD and the Members Thereof, HAROLD LOWER, RUSSELL WINTERS, WESLEY LUCAS, CHARLES McDONALD, ELWIN ANTHONY and JOE STARKE, and ADEL THROCKMORTON, State Superintendent of Public Instruction, Appellees.

Supreme Court of Kansas.

Opinion filed July 14, 1966.

Attorney(s) appearing for the Case

Dale M. Stucky, of Wichita, argued the cause, and Eugene L. Smith, of Liberal, and Wayne Coulson, Paul R. Kitch, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, David W. Buxton, John T. Conlee, John Prather, and Richard I. Stephenson, all of Wichita, were with him on the briefs for the appellants, and Homer V. Gooing and Hugo T. Wedell, both of Wichita, of counsel.

E.F. Russell, Special Assistant Attorney General, of Ulysses, argued the cause, and Robert C. Londerholm, Attorney General, and J. Richard Foth, Assistant Attorney General, were with him on the briefs for appellee, Adel Throckmorton, State Superintendent of Public Instruction.

Leland E. Nordling, of Johnson, was on the brief for appellee, The Haskell County Planning Board.

The opinion of the court was delivered by

KAUL, J.:

This is an appeal from a summary judgment of the district court entered in favor of defendants-appellees, The Haskell County Planning Board and the Members thereof, in a declaratory judgment action. Plaintiffs-appellants also appeal from an order of the district court dismissing the action as to the defendant, appellee, Adel Throckmorton, State Superintendent of Public Instruction.

The action arises...

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