Prairiewood Holdings vs. Riley County (Zoning protest petitions with shared property owners)
Under K.S.A. 12-757, if owners of 20 percent of the total real property within specified distances from land to be rezoned sign a protest petition, the governing body must approve the rezoning by a supermajority. If a protesting owner is a tenant in common or a joint tenant with right of survivorship in a relevant tract, their signature requires that acreage proportionate to their ownership interest within the specified distance be counted toward the 20 percent needed for a successful protest petition. Read more: Kansas Court of Appeals