The Kansas Supreme Court ruled that the Finney County Commission has the authority to delegate decisions about land-use permits to a zoning appeals board, as long as those decisions do not conflict with state law. The ruling came after a dispute emerged in 2021 when Huber Sand applied for a conditional use permit to operate a sand and gravel quarry in Finney County. Despite opposition from over 100 people, the county zoning board approved the permit. However, a lawsuit was filed by a local landowner and a company with an oil and gas lease near the proposed quarry.
The case made its way to the Kansas Court of Appeals, which initially sided with the opponents of the quarry. However, the Supreme Court unanimously decided that the Court of Appeals had made an error by not interpreting the law correctly. The Supreme Court affirmed the original decision by the District Court, stating that Finney County had the authority to make local zoning decisions as long as they did not conflict with state regulations.
Justice Dan Biles, who wrote the opinion for the Supreme Court, emphasized that county zoning power could be limited by state law through the concept of preemption, but that there was no express statement of preemption for conditional use permits in Kansas law. The ruling established that cities and counties have the authority to enact zoning regulations without state interference, as long as they comply with state regulations.
In conclusion, the Supreme Court’s decision clarified the authority of local governments in making zoning decisions and affirmed the ability of the Finney County Commission to delegate the issuance of conditional use permits to the zoning appeals board.
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