JOHNSON CTY. MEMORIAL GARDENS v. CITY OF OVERLAND PARK

No. 58,476

239 Kan. 221 (1986)

718 P.2d 1302

JOHNSON COUNTY MEMORIAL GARDENS, INC., Appellant, v. CITY OF OVERLAND PARK, BOARD OF ZONING APPEALS OF THE CITY OF OVERLAND PARK, and ED FICKES, Appellees.

Supreme Court of Kansas.

Opinion filed May 2, 1986.


Attorney(s) appearing for the Case

Michael J. Gallagher, of Wassberg, Gallagher & Jones, of Kansas City, Missouri, argued the cause, and Thomas M. Franklin, of the same firm, and Charles D. Kugler, of Vasos, Kugler & Dickerson, of Kansas City, Kansas, were with him on the brief for appellant.

Henry Cox, assistant city attorney, argued the cause, and Rod L. Richardson, and Thomas D. Billam, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, were with him on the briefs for appellees.

Edwin P. Carpenter, of Hiatt & Carpenter, Chartered, of Topeka, was on the amicus curiae brief for Kansas Cemetery Association.


The opinion of the court was delivered by

HOLMES, J.:

Johnson County Memorial Gardens, Inc., a Kansas corporation, appeals from an order sustaining defendants' motion for summary judgment in an action by Memorial Gardens for an order of mandamus and other relief. The case was submitted to the court on stipulated facts which will be greatly summarized herein.

Johnson County Memorial Gardens, Inc., (Memorial...

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