BOLSER v. ZONING BOARD FOR AUBRY TOWNSHIP

No. 50,269

228 Kan. 6 (1980)

612 P.2d 563

FRANK E. BOLSER and MABLE M. BOLSER, husband and wife, Appellants, v. ZONING BOARD FOR AUBRY TOWNSHIP, KANSAS; and THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed June 14, 1980.


Attorney(s) appearing for the Case

Eugene F. Gastl and D. William Provance, of Shawnee, were on the brief for the appellants.

Lyndus A. Henry, of Olathe, was on the brief for appellee Board of County Commissioners of Johnson County.

Ernest C. Ballweg, of Prairie Village, was on the brief for appellee Zoning Board for Aubry Township.


The opinion of the court was delivered by

McFARLAND, J.:

On April 11, 1974, the defendant Board of County Commissioners, upon recommendation of defendant Zoning Board for Aubry Township, rezoned a portion of the plaintiffs' property from retail business/light industry to residential. Plaintiffs objected to the zoning change and on October 8, 1974, commenced this action challenging the reasonableness of the zoning change...

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