Board of Lincoln County Comm'rs v. Berner

Meyer, J.:

This case involves a declaratory judgment regarding the validity of a zoning ordinance. The trial court declared the zoning ordinance invalid and the Board of County Commissioners of Lincoln County, Kansas (appellant), appeals. The appellees are William H. Berner, Robert D. Berner, and Jean Berner, d/b/a Bills & Bob’s Trading Post.

Appellant established the Lincoln County Planning Board to consist of nine members. By resolution dated July 7, 1969, appellant appointed the nine members of the Lincoln County Planning Board. Five of the appointed board members lived outside the corporate…