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TRI-COUNTY CONCERNED CITIZENS, INC. v. BOARD OF HARPER COUNTY COMM'RS

No. 90,988.

32 Kan.App. 2d 1168 (2004)

TRI-COUNTY CONCERNED CITIZENS, INC., et al., Appellees, v. BOARD OF COUNTY COMMISSIONERS OF HARPER COUNTY, Defendant, and WASTE CONNECTIONS OF KANSAS, INC., Appellant.

Court of Appeals of Kansas.

Opinion filed August 20, 2004.

Attorney(s) appearing for the Case

John Terry Moore, of Moore Martin, L.C., of Wichita, N. Russell Hazlewood, of counsel, of the same firm, and Robert H. Epstein, of Gallop, Johnson & Neuman, L.C., of St. Louis, Missouri, for appellant.

John E. Foulston and Jeffrey R. Emerson, of Foulston Conlee Schmidt & Emerson, L.L.P., of Wichita, for appellees Tri-County Concerned Citizens, Inc. et al.

Before GREENE, P.J., McANANY, J., and BRAZIL, S.J.

GREENE, J.

Intervenor Waste Connections of Kansas, Inc. (WCKI) and the Board of Harper County Commissioners (Board) appealed the district court's order setting aside a special use permit for a sanitary landfill at the Plum Thicket site in Harper County based on a finding that the Board had prejudged the application of WCKI. After the appeal was filed, the Board withdrew its appeal. WCKI argues that the plaintiffs,...

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