Preview:

88075 -- McPherson Landfill, Inc. v. Board of Shawnee County Comm'rs -- Davis -- Kansas Supreme Court

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 88,075 MCPHERSON LANDFILL, INC., Plaintiff/Appellant, v. BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, Defendant/Appellee. SYLLABUS BY THE COURT 1. The standard of review for district courts as well as for appellate courts in zoning appeal cases is set forth and applied. 2. Where the focus of the zoning authority shifts from the entire city or county to one specific tract of land for which a zoning change is urged, the function of the zoning authority becomes more quasi-judicial in nature than legislative. In such quasi-judicial proceedings, it is incumbent upon the authority to comply with the requirements of due process. Thus, the proceedings must be fair, open, and impartial. A denial of due process renders the resulting decision void. 3. The factors in Golden v. City of Overland Park, 224 Kan. 591, 598, 584 P.2d 130 (1978), have become standard considerations throughout Kansas by those charged with the responsibility of voting on zoning changes. However, the Golden factors are suggestions, and other factors may be equally or more important factors depending on the circumstances of the particular case. 4. In a quasi-judicial proceeding case involving a claim of prejudgment by the decisionmaker, prejudgment statements of the decisionmaker are not fatal to the validity of the zoning determination as long as the statements do not preclude the finding that the decisionmaker maintained an open mind and continued to listen to all the evidence presented before making the final decision. 5. When ex parte contacts are present in the context of quasi-judicial zoning decisions such as variances and special use permits, courts will be more receptive to challenges to decisions on grounds of zoning bias. 6. Where a zoning authority has merely denied a requested expansion of the existing right to use the property, there is not a taking under the Fifth Amendment to the United States Constitution following the failure to rezone. 7. One seeking relief under 42 U.S.C.

Download 88075.pdf

Kansas Law