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ERTL v. BOARD OF COUNTY COMMISSIONERS

No. 46,778

211 Kan. 202 (1973)

505 P.2d 700

ALPHONSO J. ERTL, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF RILEY, A Body corporate and politic; and the PLANNING AND ZONING BOARD OF RILEY COUNTY, KANSAS: G. REX STONE, SHIRLEY L. STONE, JAMES S. HUNTER, JR., and MARGARET S. HUNTER, Interveners, Appellees.

Supreme Court of Kansas.

Opinion filed January 20, 1973.

Attorney(s) appearing for the Case

Charles S. Scott, of Scott, Scott, Scott & Jackson, of Topeka, argued the cause and was on the brief for the appellant.

Dan H. Myers, of Fick & Myers, of Manhattan, argued the cause, and Larry McGrath, county attorney, was with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This is a mandamus action brought by a landowner, Alphonso J. Ertl, to require the Board of County Commissioners of Riley County to proceed with the rezoning of land from agricultural zoning to mobile home park zoning. The district court denied relief and the landowner appeals.

The question presented in the trial court was whether the board had affirmatively resolved to rezone the land by unanimous...

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