K.S.A. 12-741(a) grants counties the authority to enact zoning regulations without state interference so long as those local enactments do not conflict with the Planning, Zoning, and Subdivision Regulations in Cities and Counties Act, K.S.A. 12-741 et seq. Exercising that authority, Finney County adopted local rules delegating the issuance of conditional use permits to a separate Finney County Board of Zoning Appeals. A Court of Appeals panel majority held the County could not do that, while a dissenting judge agreed with the district court that it could. See American Warrior, Inc. v. Board of Finney County Comm’rs, 63 Kan. App. 2d 123, 525 P.3d 789 (2023). We granted review to resolve the dispute. We hold the County’s regulations do not conflict with state law. The Zoning Board validly issued the conditional use permit that sparked this litigation. We reverse the panel majority and affirm the district court.
Read the case: American Warrior, Inc. v. Board of Finney County Comm’rs
