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MARTIN MARIETTA v. BOARD OF LEAVENWORTH COUNTY

No. 50,163

5 Kan. App. 2d 774 (1981)

625 P.2d 516

MARTIN MARIETTA AGGREGATES, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF LEAVENWORTH COUNTY, Defendant-Appellee, v. MILDRED O. BISHOP, JAMES L. BISHOP, EVERETT D. BISHOP II, KAREN CLARKE, EARL JONES, LUCILLE JONES, BLAKE WILSON, BILLIE JOYCE WILSON, LOUIS J. WRIGHT, SELENA E. WRIGHT, MARY GUMM, J.C. GUMM, MAURICE BARRY, MILDRED BARRY, DONNIE L. SMITH, SR., JO ANN SMITH, ROBERT L. WALTA, DOROTHY E. WALTA, Mr. and Mrs. JOE NICK and TANGLEWOOD WEST OWNERS ASSOCIATION by and through JOHN REYNOLDS and JO ANN BIDNICK, Intervenors-Appellants.

Court of Appeals of Kansas.

Petition for review denied April 29, 1981.

Attorney(s) appearing for the Case

Edward H. Powers, Jr., and Robert L. Boyce, Jr., of Kansas City, for intervenors-appellants.

Robert D. Beall, of Leavenworth, for plaintiff-appellee.

Patrick J. Reardon, of Leavenworth, for defendant-appellee.

Before MEYER, P.J., ABBOTT and SWINEHART, JJ.

ABBOTT, J.:

This case involves the issuance of a special use permit to establish and operate an underground rock mine in a rural area. The trial court issued a writ of mandamus ordering the defendant, Board of County Commissioners of Leavenworth County (county commissioners) to issue the permit to the plaintiff, Martin Marietta Aggregates. This appeal is taken by landowners in the general area who were allowed by the trial court to intervene, and whom we will refer...

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