The City of Seneca (the City) and the Board of Zoning Appeals of the City of Seneca (the Board) granted a conditional use permit (CUP) to Ag Partners Cooperative, Inc. (APC) after a public hearing. Brett Ohlsen—the owner of neighboring property—sought judicial review of the Board’s decision. The district court found he failed to prove the actions of the Board were unreasonable under K.S.A. 12-760. Ohlsen now appeals the district court’s decision and argues this court should overturn the Board’s granting of the CUP because its decision was unreasonable. But while Ohlsen points to some instances where the Board may not have strictly followed the City’s procedural ordinances, he has not met his considerable burden to show the Board’s grant of the CUP was so arbitrary that it was taken without regard to the benefit or harm to the community or was so wide of the mark that its unreasonableness is without debate. We affirm the district court’s decision.
Source: Kansas Court of Appeals
