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REEVES v. BOARD OF JOHNSON COUNTY COMM'RS

No. 49,443

226 Kan. 397 (1979)

602 P.2d 93

DONALD REEVES, THELMA J. REEVES, RALPH E. MOORE, DONNA D. MOORE, ROBERT J. DINGUS, MILDRED S. DINGUS, JAMES D. SMITH, MARILYN F. SMITH, FREDERICK H. HARTWIG, LOUISE HARTWIG, CHARLES THOMSON, LOUISE THOMSON, WILLIAM THOMSON, REBECCA THOMSON, HARRY P. THOMSON, JR., GENE M. THOMSON, BRYANT FARMS, INC., Appellees, v. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS; OLATHE TOWNSHIP ZONING BOARD, JOHNSON COUNTY, KANSAS; ESTATE OF CHARLES W. OTT; HOLLAND QUARRIES, INC.; THE HOLLAND CONSTRUCTION COMPANY, INC., Appellants.

Supreme Court of Kansas.

Opinion filed October 27, 1979.

Attorney(s) appearing for the Case

Robert C. Londerholm, of Hackler, Londerholm, Speer, Austin & Holliday, Chartered, of Olathe, argued the cause and was on the brief for the appellants, Holland Quarries, Inc., & Holland Construction Company, Inc.

C. Maxwell Logan, of Payne & Jones, Chartered, of Olathe, argued the cause, and L. Franklin Taylor, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by defendants Holland Quarries, Inc., and Holland Construction Company, Inc., from a summary judgment entered in favor of plaintiff landowners in a zoning dispute.

Prior to August, 1973, the duly adopted Olathe Township Zoning Regulations, applicable to all territory in Olathe Township, Johnson County, Kansas, authorized "special permits...

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