Supreme Court of Kansas

American Warrior, Inc. v. Board of Finney County Comm'rs

July 26, 2024

Summary

The court held that the appeal was not moot because the conditional use permit remained valid beyond one year if the project was substantially completed within that period. On the merits, it held that state law did not preempt Finney County's regulations or require the county to use statutory zoning-amendment procedures before issuing a conditional use permit. The court therefore reversed the Court of Appeals and affirmed the district court's judgment for the county and Huber Sand.