Martin Marietta v. Board of Leavenworth County

Abbott, J.:

This case involves the issuance of a special use permit to establish and operate an underground rock mine in a rural area. The trial court issued a writ of mandamus ordering the defendant, Board of County Commissioners of Leavenworth County (county commissioners) to issue the permit to the plaintiff, Martin Marietta Aggregates. This appeal is taken by landowners in the general area who were allowed by the trial court to intervene, and whom we will refer to as intervenors. The county commissioners do not appeal.

We believe the following issues are before us:

1. Was mandamus an…