Bolser v. Zoning Board for Aubry Township

The opinion of the court was delivered by

McFarland, J.:

On April 11, 1974, the defendant Board of County Commissioners, upon recommendation of defendant Zoning Board for Aubry Township, rezoned a portion of the plaintiffs’ property from retail business/light industry to residential. Plaintiffs objected to the zoning change and on October 8, 1974, commenced this action challenging the reasonableness of the zoning change.

On June 16, 1975, the district court dismissed the action on the ground that it was an attempted appeal pursuant to K.S.A. 60-2101(a) [Corrick] (now K.S.A. 1979 Supp.…