This case involves an appeal from a decision of the district court of Finney County affirming the validity of a conditional-use permit issued by the Board of Zoning Appeals (BZA) of Finney County to Huber Sand, Inc. to operate a sand and gravel quarry. The Appellants argue the procedures for reviewing and issuing a conditional-use permit adopted by Finney County—in which the BZA, rather than the planning commission and board of county commissioners, can issue conditional-use permits—impermissibly varies from the procedures mandated by the Legislature. As a result, they claim the permit issued here is void and unenforceable. Because our Supreme Court has held governing bodies must follow the procedures laid out in K.S.A. 2021 Supp. 12-757 in issuing conditional-use permits, we find that Finney County has impermissibly delegated authority to issue conditional-use permits to its BZA. Accordingly, we reverse the district court and find that the conditional-use permit granted to Huber Sand is void and unenforceable.
Read the Court of Appeals opinion here.
