CITY OF MERRIAM v. BOARD OF ZONING APPEALS

No. 60,637

242 Kan. 532 (1988)

748 P.2d 883

THE CITY OF MERRIAM, KANSAS, a Municipal Corporation, and EXECUTIVE AFFILIATES, INC., a Corporation, Appellees, v. BOARD OF ZONING APPEALS OF THE CITY OF MERRIAM, KANSAS, Appellant, v. METROPLEX BUSINESS COMMUNICATIONS GROUP, LTD. Intervenor/Appellant.

Supreme Court of Kansas.

Opinion filed January 15, 1988.


Attorney(s) appearing for the Case

Lewis A. Heaven, Jr., of Holbrook, Ellis and Heaven, P.A., of Merriam, argued the cause and was on the brief for appellee, The City of Merriam, Kansas.

Thomas L. Thurston, of Perry and Hamil, of Overland Park, argued the cause and was on the brief for appellee, Executive Affiliates, Inc.

Edward M. Boyle, of Payne & Jones, Chartered, of Overland Park, argued the cause and was on the briefs for appellant, Board of Zoning Appeals of the City of Merriam, Kansas.

June Clark, of Niewald, Waldeck, Norris & Brown, of Overland Park, argued the cause, and Michael G. Norris and Michael Y. McCormick, of the same firm, were with her on the brief for intervenor-appellant, Metroplex Business Communications Group, Ltd.


The opinion of the court was delivered by

LOCKETT, J.:

This is an appeal from an order of the district court of Johnson County, Kansas, reversing the grant by the Board of Zoning Appeals of the City of Merriam, Kansas, of an area variance from the 75-foot height limitation of the Merriam zoning regulations which allowed Metroplex Business Communications Group, Ltd., (Metroplex) to construct a 990-foot communications tower. The Zoning Regulations of the City...

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