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BOARD OF JOHNSON COUNTY COMM'RS v. CITY OF OLATHE

No. 77,638.

263 Kan. 667 (1998)

952 P.2d 1302

THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Appellee, v. THE CITY OF OLATHE, KANSAS, A Municipal Corporation, Appellant, and THE MILTON R. BROWN, MAYNARD H. BROWN, and RUTH H. BROWN TRUST, Intervenor-Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1998.

Attorney(s) appearing for the Case

Thomas A. Glinstra, city attorney, argued the cause, and Valerie G. Krueger, assistant city attorney, was with him on the brief for appellant.

Michael P. Howe, of Lewis, Rice & Fingersh, L.C., of Kansas City, Missouri, argued the cause, and Louis A. Cohn, of the same firm, was with him on the brief for intervenor-appellant.

Richard J. Lind, deputy county counselor, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a zoning appeal case. The trial court reversed the City of Olathe's decision to rezone the property in question from "AG" (agricultural) to "R-1" (single-family residential). This appeal followed.

The Milton R. Brown, Maynard H. Brown, and Ruth H. Brown Trust (Trust) owns approximately 94.31 acres of land on the southeast corner of 143rd Street and Pflumm Road located in the City of Olathe...

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