Topeka A Shawnee County judge has denied a county petition seeking to block recreational activities at a Topeka nudist camp.
Wearing a smile and clothes, Lake Edun owner Webb Garlinghouse said he was pleased with Judge Franklin R. Theis' verdict Friday denying the temporary restraining order. Garlinghouse plans to move forward with this weekend's planned "Return to Edun" celebration.
Vernon Jarboe, attorney for the defendants, said the county could have sought the temporary restraining order earlier, not right before an event like "Return to Edun."
Theis left the matter to the Shawnee County zoning administration to settle. He also suggested the county should have levied harsher fines against Garlinghouse for operating the camp without a special use permit instead of seeking the injunction.
Garlinghouse was issued a zoning violation notice in July 1998, informing him that use of the nudist camp for commercial recreational activities violated county regulations. The zoning administration noted that a conditional use permit was needed to continue current use of the property.
Webb and Julie Garlinghouse appealed the notice to the Shawnee County Board of Zoning Appeals, which sustained the violation notice in September of 1998.
The Garlinghouses then appealed the board's decision to the Shawnee County District Court, which in June 1999 ruled in favor of the county and upheld the board of zoning appeals decision.
The 125-member Lake Edun Foundation last month squabbled with the Greater Topeka Chamber of Commerce over the chamber's cancellation of a clothing-on business mixer planned for the lake.