Legal Opinion

Ertl v. Board of County Commissioners

Supreme Court of Kansas

Decided January 20, 1973No. 46,778PublishedCited by 3 opinions

1Opinion of the Court

The opinion of the court was delivered by

Fromme, J.:

This is a mandamus action brought by a landowner, Alphonso J. Ertl, to require the Board of County Commissioners of Riley County to proceed with the rezoning of land from agricultural zoning to mobile home park zoning. The district court denied relief and the landowner appeals.

The question presented in the trial court was whether the board had affirmatively resolved to rezone the land by unanimous vote of the board. It was agreed by all parties that the proposed rezoning action under K. S. A. 19-2920 as amended required the unanimous vote of…

2Cases cited4 opinions

  1. City of Troy v. A. & N. RailroadSupreme Court of Kansas · 1873
  2. Columbus Water-Works Co. v. City of ColumbusSupreme Court of Kansas · 1891
  3. Moore v. City of PrattSupreme Court of Kansas · 1938
  4. City of Troy v. A. & N. RailroadSupreme Court of Kansas · 1874

3Cited by3 opinions

  1. Martin Marietta v. Board of Leavenworth CountyCourt of Appeals of Kansas · 1981
  2. Attorney General Opinion No., Kansas Attorney General Reports1997
  3. Attorney General Opinion No., Kansas Attorney General Reports2006

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