[Download] "Konitz v. Board of County Commissioners" by Supreme Court of Kansas # Book PDF Kindle ePub Free

eBook details

Title: Konitz v. Board of County Commissioners
Author : Supreme Court of Kansas
Release Date : January 03, 1956
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

The opinion of the court was delivered by This was an action brought pursuant to G.S. 1949, 19-2913, to
have declared unreasonable the acts of the board of county
commissioners of Johnson County in sustaining the acts of the
Mission Township zoning board in classifying by alphabetical
designation minimum ground floor areas of residences in Nall
Hills, a newly platted subdivision in Mission Township. From a
judgment in favor of defendant, plaintiffs appeal. No useful purpose would be gained in narrating the pleadings.
Suffice it to say that after the pleadings were joined, the case
was tried and the trial court filed its memorandum opinion and
entered judgment thereon. That opinion recites the pertinent part
of the pleadings, the issues involved, and determines the
questions presented. It reads:

"This is a proceeding brought by the plaintiffs
pursuant to G.S. 1949, 19-2913, to determine the
reasonableness of an order of the defendant Board of
County Commissioners classifying and alphabetically
designating minimum ground floor area districts of a
newly platted subdivision known as Nall Hills,
Johnson County, Kansas. The land in question lies in
the southern part of Mission Township and has
previously been used primarily for agricultural
purposes.

"It is well settled in this state that in an action
such as this that the plaintiffs have the ordinary
burden of establishing their cause of action by a
preponderance of the evidence (118 Kan. 265).

"This statutory proceeding is neither a trial de
novo nor an appeal in the true sense of the word.
The proceeding is governed by the Code of Civil
Procedure (166 Kan. 494), and the question of
reasonableness must be determined from the issues as
made up by the pleadings and evidence thereon.