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SCHERRER v. BOARD OF COUNTY COMMISSIONERS

No. 45,035

201 Kan. 424 (1968)

441 P.2d 901

DAN SCHERRER, JR. and MILDRED R. NESSELRODE, Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF WYANDOTTE COUNTY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed June 8, 1968.

Attorney(s) appearing for the Case

Robert J. Foster, of Kansas City, argued the cause and was on the briefs for the appellants.

Edward H. Powers, of Kansas City, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This appeal challenges the propriety of a judgment of the district court which set aside an order of the Board of County Commissioners refusing a special permit for a mobile home park.

The plaintiff, Mildred R. Nesselrode, is the owner of a tract of land consisting of slightly more than 30 acres known as 7300 Swartz Road in Wyandotte County, Kansas. The tract is west of the town of Muncie which...

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