Summary
In Carson v. McDowell, (1969) 203 Kan. 138, 452 P.2d 831, the enabling statute required that twenty (20) days elapse between the first published notice and the day of the hearing.
Summary of this case from Town of Beverly Shores Plan Com'n v. EnrightOpinion
No. 45,293
Opinion filed April 12, 1969.
SYLLABUS BY THE COURT
ZONING — Publication Notice Defective. Following the decision in (Nos. 45,210 and 45,292, consolidated) Carson v. McDowell, 203 Kan. 40, 452 P.2d 828, construing the statutory notice provision prerequisite to adoption or amendment of zoning ordinances (then K.S.A. 1965 Supp. 12-708), the judgment appealed from is reversed.
Appeal from Wyandotte district court; SPENCER A. GARD, judge (assigned). Opinion filed April 12, 1969. Reversed.
John H. Fields, of Kansas City, argued the cause and was on the brief for the appellant.
Edward H. Powers and Donald H. Corson, Jr., both of Kansas City, argued the cause and were on the brief for the intervenor.
C.W. Brenneisen, Jr., and Matthew Podrebarac, both of Kansas City, were on the brief for the appellee city of Kansas City.
The opinion of the court was delivered by
Although this zoning appeal differs in certain aspects not here material, the controlling issue is identical with that in a companion case (Nos. 45,210 and 45,292, consolidated) Carson v. McDowell, 203 Kan. 40, 452 P.2d 828, this day decided.
The property sought to be rezoned here is a small tract near the two tracts in the companion case. The zoning action directed toward it was started and conducted separately about three months after the proceedings in the companion case; however, upon appeal to the district court all were consolidated and tried together.
The critical dates here are: The planning commission's statutory (then K.S.A. 1965 Supp. 12-708) notice of public hearing was published in the official city newspaper March 22, 1966. The date fixed for hearing was April 11, 1966. Thus only nineteen clear days elapsed between the date of publication and the date of hearing instead of the requisite twenty.
Under authority of the companion case, supra, the publication notice was fatally defective, and the judgment appealed from is reversed.
APPROVED BY THE COURT.