COMBINED INVESTMENT CO. v. BOARD OF BUTLER CTY. COMM'RS

No. 49,972

227 Kan. 17 (1980)

605 P.2d 533

THE COMBINED INVESTMENT COMPANY, a Partnership, Appellee and Cross-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF BUTLER COUNTY, KANSAS, et al., Appellants and Cross-Appellees.

Supreme Court of Kansas.

Opinion filed January 19, 1980.


Attorney(s) appearing for the Case

Phillip Mellor, James R. Schaefer, Arden P. Miller, and Kim A Roberts, of Mellor, Schaefer & Miller, P.A. of Wichita, were on the brief for the appellants and cross-appellees.

Robert M. Siefkin, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Jerry G. Elliott and William R. Sampson, of the same firm, and James B. McKay, Jr., of McKay, McKay & Hargrove, of El Dorado, were with him on the brief for appellee and cross-appellant.

Geary N. Gorup, county attorney, was on the brief amicus curiae and for cross-appellees.


The opinion of the court was delivered by

MILLER, J.:

This is an appeal by intervenors from a judgment finding the action of the Board of County Commissioners of Butler County denying an application for a zoning change to be arbitrary and unreasonable, and ordering the approval of the application.

The Combined Investment Company, a partnership consisting of G. Marc Myers and others, owns the land. It commenced...

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