The Kansas Supreme Court issued an opinion Friday that determined the Finney County Commission had authority to delegate decisions about land-use permits to a zoning appeals board as long the local actions didn’t conflict with state law. The opinion written by Justice Dan Biles was inspired by a dispute that emerged in 2021 when Huber Sand applied to the Finney County Board of Zoning Appeals for a conditional use permit to operate a sand and gravel quarry under regulations adopted by the county commission. More than 100 people submitted protest petitions in opposition to the development on 177 acres southeast of Pierceville. The zoning board approved on a 2-1 vote the permit for a quarry on land that was zoned agricultural. Finney County landowner Brian Price and American Warrior, a company with an oil and gas lease near the proposed quarry, filed a lawsuit. Finney County District Court sided with Huber Sand and the county commission, but American Warrior appealed to the Kansas Court of Appeals. That appellate court, on a 2-1 vote, reversed the district court. The Supreme Court unanimously decided the majority on the Court of Appeals got it wrong, and affirmed the original action by District Court Judge Wendell Wurst.
Source: KS Reflector
