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BOARD OF LEAVENWORTH COUNTY COMM'RS v. WHITSON

No. 95,193.

281 Kan. 678 (2006)

BOARD OF COUNTY COMMISSIONERS OF LEAVENWORTH COUNTY, KANSAS, Appellee, v. RICHARD L. WHITSON and LINDA L. WHITSON, Appellants.

Supreme Court of Kansas.

Opinion filed April 28, 2006.

Attorney(s) appearing for the Case

Gregory A. Lee, of Cooper & Lee, L.L.C., of Topeka, argued the cause and was on the brief for appellant.

David C. Van Parys, county counselor, argued the cause and was on the brief for the appellee.

C. William Ossman, of Kansas Department of Social and Rehabilitation Services, was on the brief for amicus curiae Secretary of Social and Rehabilitation Services.

The opinion of the court was delivered by

BEIER, J.:

This zoning dispute requires us to evaluate the propriety of a requirement that defendants Richard L. and Linda L. Whitson obtain a special use permit before operating a group home for transitioning sexually violent predators in rural Leavenworth County.

This case arises out of Leroy Hendricks' successful application to move into Phase 6 of the treatment program set up by the Department of Social...

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