Appleby v. Board of County Commissioners

The opinion of the court was delivered by

Harvey, C. J.:

This was an action authorized by G. S. 1947 Supp. 19-2913, to set aside as unreasonable an order of defendants rezoning from residence district to retail-business district lots 9,10 and 11, Santa Ee Trails Lands, a subdivision in Johnson county. Defendants have appealed from an order overruling their demurrer to plaintiffs’ evidence.

The record indicates that, proceeding under chapter 165, Laws of 1939, as amended (now G. S. 1947 Supp. 19-2901 to 19-2913, inch), Mission township, in Johnson county, had been zoned for residence and…