McDonald v. Emporia-Lyon County Joint Board of Zoning Appeals

Swinehart, J.:

This appeal arises from a dispute between neighbors concerning the location of a garage.

James A. and Betty A. McDonald, plaintiffs, own and reside upon a lot in the Westridge Addition of Emporia. Benedict J. and Virginia L. Janacek, defendants, own a lot in that same addition. Prior to beginning construction on their lot, the Janaceks had actual notice of the City’s 30-foot setback requirement and constructive notice of a restrictive covenant’s 30-foot setback requirement and advised their builder thereof. Mr. Janacek and his builder assumed the thirty feet were to be measured…