Kendig v. Kretsinger

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment denying injunctive relief in an action to stay the issuance of a building permit.

On October 13, 1965, appellants filed their petition seeking to permanently enjoin the appellee, the county engineer of Lyon County, from issuing a building permit until such time as the Kansas Supreme Court had had an opportunity to decide the appeal in the case of Moyer v. Board of County Commissioners, 197 Kan. 23, 415 P. 2d 261, in which the zoning of the tract in question was in issue.

The petition was dismissed by die…