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MIAMI COUNTY v. SVOBODA

No. 78,055.

264 Kan. 204 (1998)

955 P.2d 122

MIAMI COUNTY, KANSAS, Appellee, v. PATRICK J. SVOBODA, Appellant.

Supreme Court of Kansas.

Opinion filed March 6, 1998.

Attorney(s) appearing for the Case

Ernest C. Ballweg, of Johnston, Ballweg & Tuley, L.C., of Overland Park, argued the cause and was on the brief for appellant.

David R. Heger, county counselor, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Patrick J. Svoboda operates a private landing field on his farm in Miami County, Kansas. Pursuant to local zoning regulations, Miami County required Svoboda to obtain a conditional use permit. He argued that his use of the field is for agricultural purposes and is, therefore, exempt under K.S.A. 19-2921. Under the unique facts of this case, we conclude that contrary to the decision of the trial court, Svoboda...

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