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UNION QUARRIES, INC. v. BOARD OF COUNTY COMMISSIONERS

No. 45,874

206 Kan. 268 (1970)

478 P.2d 181

UNION QUARRIES, INC., and MAGDALEN E. TOBIN, Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, and THE ZONING BOARD OF AUBRY TOWNSHIP, JOHNSON COUNTY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed December 12, 1970.

Attorney(s) appearing for the Case

Marion W. Chipman, special assistant county attorney, argued the cause, and James W. Bouska, county attorney, and Lyndus A. Henry, county counselor, were with him on the brief for the appellants.

Robert F. Bennett, of Bennett, Lytle and Wetzler, of Prairie Village, argued the cause and was on the brief for appellee Union Quarries, Inc.

David R. Gilman, of Overland Park, was on the brief for appellee Magdalen E. Tobin.

The opinion of the court was delivered by

HARMAN, C.:

This is an action seeking declaratory judgment of property rights under zoning regulations sought to be applied to plaintiffs' property and for injunctive relief against interference with the property. Plaintiffs prevailed and defendants have appealed.

The record reveals the following: In 1949 plaintiff Magdalen E. Tobin and her husband, Patrick Tobin, acquired property near Stanley in Aubry township...

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