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BILLY OIL CO. v. BOARD OF LEAVENWORTH COUNTY COMM'RS

No. 59,431

240 Kan. 702 (1987)

732 P.2d 737

BILLY OIL COMPANY, INC., et al., Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LEAVENWORTH, KANSAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed February 20, 1987.

Attorney(s) appearing for the Case

John P. Jennings, Jr., of Copilevitz, Bryant, Gray & Jennings, P.C., of Kansas City, Missouri, argued the cause and Bernard F. Weinand, of Prairie Village, was with him on the briefs for appellants.

Patrick J. Reardon, county counselor, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

Billy Oil Co., Inc., and eleven other oil and gas producers or drillers who operate in Leavenworth County, Kansas, plaintiffs below, sought a declaratory judgment that a certain Leavenworth County zoning resolution was invalid and also sought to recover damages. The petition named the Board of County Commissioners, the planning and zoning director, and the Leavenworth County sheriff as defendants. The district...

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