Union Quarries, Inc. v. Board of County Commissioners

The opinion of the court was delivered by

Harman, C.:

This is an action seeking declaratory judgment of property rights under zoning regulations sought to be applied to plaintiffs’ property and for injunctive relief against interference with the property. Plaintiffs prevailed and defendants have appealed.

The record reveals the following: In 1949 plaintiff Magdalen E. Tobin and her husband, Patrick Tobin, acquired property near Stanley in Aubry township, Johnson county, Kansas, for use as a rock quarry. Thereafter, and until May, 1961, Mr. Tobin conducted a small rock quarrying operation on the…