PER CURIAM: After Joseph and Sharon Lambert lost their house to a fire in December 2017, they sought permission from the City of Leawood to build a significantly larger replacement home on their lot. The City refused because the dwelling would not comply with the residential zoning restrictions. The Lamberts filed a declaratory judgment action in Johnson County District Court on the grounds that their original house was a protected nonconforming use under zoning changes adopted in 2010 and 2017, so they should be able to apply that protection to their proposed replacement. They also submitted the City improperly enacted the restrictions, rendering them unenforceable. On cross-motions for summary judgment, the district court sided with the City, and the Lamberts have appealed. Cutting through various procedural thickets to the Lamberts’ advantage, we find the district court ruled correctly on the merits and, therefore, affirm.
Read the Opinion.
