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M.S.W., INC. v. MARION COUNTY BD. OF ZONING APPEALS

No. 85,148.

29 Kan. App.2d 139 (2001)

24 P.3d 175

M.S.W., INC., Appellant, v. THE BOARD OF ZONING APPEALS OF MARION COUNTY, KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed May 11, 2001.

Attorney(s) appearing for the Case

David P. Calvert, of David P. Calvert, P.A. of Wichita, and Russell L. Mills, of Sanborn & Mills, of Wichita, for the appellant.

Rodney K. Murrow, of Rodney K. Murrow, P.A., of Kansas City, Missouri, and James M. Kaup, of Logan Riley Carson and Kaup, L.C., of Topeka, for the appellee.

Before PIERRON, P.J., LEWIS, J., and BUCHELE, S.J.

PIERRON, J.:

In 1998, the Board of Zoning Appeals of Marion County (Board) held that a quarter section of property owned by M.S.W., Inc., (MSW) was zoned agricultural and that a conditional use permit (CUP) had been granted for the property in 1992 to permit continuation of landfill activity occurring since 1974. The Board held that the CUP was lawfully adopted in 1992 but was forfeited by closure of the landfill in 1996...

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