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CITY OF OLATHE v. BOARD OF ZONING APPEALS

No. 56,746

10 Kan. App. 2d 218 (1985)

696 P.2d 409

THE CITY OF OLATHE, KANSAS, STEPHEN E. DINGES, and RAYMOND BOND, Appellants, v. THE BOARD OF ZONING APPEALS of the City of Olathe, Kansas, and C & C, INC., Appellees.

Court of Appeals of Kansas.

Opinion filed February 28, 1985.

Attorney(s) appearing for the Case

Steven R. Zieber, assistant municipal counsel of the City of Olathe Legal Department, for the appellants.

Ron Bodinson, of Shook, Hardy & Bacon, of Overland Park, for the appellee The Board of Zoning Appeals.

Before FOTH, C.J., MEYER and BRISCOE, JJ.

BRISCOE, J.:

The City of Olathe, the city planner and the city building inspector appeal a judgment of the district court upholding a decision of the Olathe Board of Zoning Appeals to grant a variance to C & C, Inc.

C & C operated a Vickers truck stop and filling station in Olathe, Kansas. The truck stop is adjacent to an elevated portion of Interstate 35. For some time, C & C has displayed its business name on two free-standing pole signs, 20...

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