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STICE v. GRIBBEN-ALLEN MOTORS, INC.

No. 47,614

216 Kan. 744 (1975)

534 P.2d 1267

JACK L. STICE, LUCRETIA V. STICE, J.R. SMITH, ORVILLE SKETERS, DORIS SKETERS, KELLY SPELLMAN, C.R. SPELLMAN, HARLEY L. SHIELDS, SALLYE B. SHIELDS, LEO POAGE, AUDREY POAGE, J.D. BROOKS, NANCY BROOKS, SHIRLEY KEAL, E.V. HARRIS, JAMES VAUGHN, and ELLIE VAUGHN, Appellants, v. GRIBBEN-ALLEN MOTORS, INC., PARSONS, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 5, 1975.

Attorney(s) appearing for the Case

Charles F. Forsyth, of Erie, argued the cause, and Clark M. Fleming, also of Erie, was with him on the brief for the appellants.

Richard C. Dearth, of Jones and Dearth, Chartered, of Parsons, argued the cause, and Glenn Jones, of the same firm, was on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This is an action to enjoin the construction of an automobile sales and services facility in a zoned residential area on the outskirts of Parsons, brought by seventeen neighboring homeowners. The trial court held that a "variance" under which the defendant, Gribben-Allen Motors, Inc., secured a building permit and justified its proposed construction, had been validly granted by the Labette county board of...

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