BOLSER v. ZONING BOARD FOR AUBRY TOWNSHIP

No. 50,269

4 Kan. App. 2d 288 (1980)

605 P.2d 156

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. Reversed , (1980).

Court of Appeals of Kansas.

Opinion filed January 18, 1980.


Attorney(s) appearing for the Case

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

Lyndus A. Henry, of Olathe, for appellee Board of County Commissioners of Johnson County.

Ernest C. Ballweg, of Prairie Village, for appellee Zoning Board for Aubry Township.

Before FOTH, C.J., SPENCER and PARKS, JJ.


SPENCER, J.:

This is an action by plaintiffs to determine the reasonableness of action taken by defendants in rezoning a portion of plaintiffs' property. The trial court sustained defendants' motion for summary judgment for the reason that plaintiffs' petition was not filed within thirty days as required by K.S.A. 60-2101(a) [now 1979 Supp. 60-2101(d)]. Whether such was proper is the sole issue on appeal.

Plaintiffs filed their petition on October...

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