Printable Format12-760. Same; appeals to district court. (a) Within 30 days of the final decision of the city or county, any person aggrieved thereby may maintain an action in the district court of the county to determine the reasonableness of such final decision.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History: L. 1991, ch. 56, ยง 23; July 1.
Law Review and Bar Journal References:
"Survey of Kansas Law: Real Property," Michael J. Davis, 41 K.L.R. 669, 681 (1993).
"Tell it to the judge: Appealing a zoning decision," Roger W. Badeker, 67 J.K.B.A. No. 7, 33 (1998).
"What Can They Do? Limitation on the Power of Local Zoning Authorities," Patrick B. Hughes, 76 J.K.B.A. No. 1, 28 (2007).
Attorney General's Opinions:
Proposed zoning changes; need for timely protest regardless of commission recommendation. 2005-6.
CASE ANNOTATIONS
1. Local zoning authority action not unreasonable solely because factors for decision not stated in written order. Board of Johnson County Comm'rs v. City of Olathe, 263 K. 667, 676, 952 P.2d 1302 (1998).
2. Approval of plat by city is not a ministerial act and may not be compelled through mandamus. Rodrock Enterprises, L.P. v. City of Olathe, 28 K.A.2d 860, 21 P.3d 598 (2001).
3. Mentioned in suit challenging conditional use permit relating to mining. Continental Coal, Inc. v. Cunningham, 511 F.Supp.2d 1065, 1072 (2007).
4. Intervenors' action commenced in timely manner; county resolution banning commercial wind farms found reasonable. Zimmerman v. Board of Wabaunsee County Comm'rs, 289 K. 926, 218 P.3d 400 (2009).
5. Additional party may not circumvent 30-day rule by bootstrapping onto properly filed appeal of aggrieved party. Evans v. City of Emporia, 44 K.A.2d 1066, 243 P.3d 374 (2010).