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HERRMANN v. BOARD OF BUTLER COUNTY COMM'RS

No. 64,181

246 Kan. 152 (1990)

785 P.2d 1003

EUGENE C. HERRMANN and CHARLES E. OURSLER, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF BUTLER COUNTY, KANSAS, Appellees, and STATE OF KANSAS, ex rel. Robert T. Stephan, Intervenor-Appellee.

Supreme Court of Kansas.

Opinion filed January 19, 1990.

Attorney(s) appearing for the Case

Robert D. Myers, of Robert D. Myers, P.A., of Newton, argued the cause and was on the brief for appellants.

Norman G. Manley, of Davis & Manley, of El Dorado, argued the cause and was on the brief for appellees.

Carl A. Gallagher, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for intervenor/appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action by two area landowners challenging the issuance by the Butler County Board of County Commissioners (Board) of a special use permit allowing construction of a state-owned prison facility. The State of Kansas intervened in the action. The State filed a motion for summary judgment, contending it was immune from county zoning regulations. The district court granted partial summary judgment...

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