BROWN v. KANSAS FORESTRY, FISH & GAME COMMISSION

No. 48,775

2 Kan. App. 2d 102 (1978)

576 P.2d 230

KENNETH W. BROWN, DON D. PRETZER, DAVID OTTO, DAVID SOUPENE, JAMES L. ROSE, LARRY NOBLE, ROY CARTER, WILLIAM E. BUTLER, PATRICK JOSEPH, FRED GIBBS, JOHN MERRIMAN, RICHARD A. NEMECHECK, FRANK O. NELSON, CLARK D. RUSCO, Appellees, v. KANSAS FORESTRY, FISH AND GAME COMMISSION, Appellant.

Court of Appeals of Kansas.

Opinion filed March 3, 1978.


Attorney(s) appearing for the Case

Jonathan P. Small, assistant attorney general, and Curt T. Schneider, attorney general, for the appellant.

Richard H. Seaton, of Everett, Seaton and Peck, of Manhattan, for the appellees.

Before SPENCER, P.J., FOTH, C.J., and SWINEHART, J.


FOTH, C.J.:

The issue presented in this appeal is whether, in the absence of any clear legislative direction one way or the other, a state agency must conform its land use to local zoning regulations. It is an issue which has not been squarely answered by the courts of this state.

The agency involved here is the state forestry, fish and game commission. In 1975 it purchased two lots in the middle of a twenty...

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