Security National Bank v. City of Olathe

Fromme, J.,

dissenting. This court again has approved the acts of a district court in finally administering the zoning laws of this state. There can be no doubt under the court’s decision that final authority on zoning applications rests with the district courts. The statutory scope of review set forth in K.S.A. 12-712 has been ignored. This court now shifts the burden of proof to the city. It must now establish the zoning action was reasonable as viewed by the courts.

Again I wish to register my disagreement with the action of the majority for the reasons set forth in the dissent in Golden v. City of Overland Park, 224 Kan. 591, 601, 584 P.2d 130 (1978).