Blauvelt v. Board of Leavenworth County Comm'rs

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by defendants below from a summary judgment granted plaintiffs by the trial court enjoining the Board of County Commissioners of Leavenworth County and the Board of Zoning Appeals from interfering with plaintiffs’ construction of a dwelling on property used for agricultural purposes.

The facts in the case are not disputed. In 1977, plaintiffs, Henry H. and Mary Ann Blauvelt, purchased forty acres of real property in Leavenworth County which was zoned “R” Rural District by resolutions duly adopted by the county commissioners.…