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EVANS v. CITY OF EMPORIA

No. 103,616.

243 P.3d 374 (2010)

Jeffrey EVANS and Joanne Evans, Appellants, v. CITY OF EMPORIA, Appellee, and Westar Energy, Inc., (Intervenor), Appellee.

Court of Appeals of Kansas.

November 19, 2010.

Attorney(s) appearing for the Case

C. Edward Peterson , of Kansas City, Missouri, for appellants.

Blaise Plummer , City Attorney, for appellee City of Emporia.

Martin J. Bregman , of Topeka, for appellee Westar Energy, Inc.

Before PIERRON, P.J., GREEN and MARQUARDT, JJ.

PIERRON, J.

Jeffrey and Joanne Evans appeal the district court's decision to uphold the City of Emporia's (City) granting of a conditional use permit (CUP) to Westar Energy, Inc., (Westar) to upgrade an existing electrical substation in the Evans' neighborhood. The Evans argue the court erred in finding the City was reasonable in granting the CUP with only limited restrictions; that the expansion of the substation should have required the entire station to be brought...

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