dissenting: The legislature tried to make it difficult to *160incorporate areas within five miles of an incorporated city. Here the Board of County Commissioners meticulously followed the statute but found insufficient evidence to conclude the incorporation of Bel Aire would have a detrimental effect upon the community as a whole, impede the orderly economic growth of the area, or create an unreasonable multiplicity of municipal governments.
In light of the evidence of Wichita’s size, direction of growth and proximity, I find the Board’s conclusions arbitrary. The lifeblood of Bel Aire is Wichita. It provides the jobs, schools, hospitals, medical care, police protection, cultural, professional and other services. Those who receive the benefits should share the responsibility. The Board’s action not only permits a small area of affluent citizens to avoid their share of responsibility to the entire community, but destroys metropolitan planning and zoning. The legislature tried to prevent such actions when it set out the numerous criteria previously referred to.
I would affirm the trial court.