ZIMMERMAN v. BOARD OF COUNTY COM'RS

No. 98,487.

218 P.3d 400 (2009)

Roger ZIMMERMAN, et al., Appellants/Cross-appellees, and A.B. Hudson and Larry French, Intervenors/Appellants/Cross-appellees. v. BOARD OF COUNTY COMMISSIONERS OF WABAUNSEE COUNTY, Kansas Appellees/Cross-appellants.

Supreme Court of Kansas.

October 30, 2009.


Attorney(s) appearing for the Case

Jack Scott McInteer, of Depew Gillen Rathburn and McInteer, L.C., of Wichita, argued the cause and was on the brief for appellants/cross-appellees Roger Zimmerman, et al.

Scott A. Grosskreutz, of Cavanaugh and Lemon, P.A., of Topeka, argued the cause and Bryan W. Smith of Cavanaugh, Smith and Lemon, P.A., of Topeka, was with him on the briefs for the intervenors/appellants/cross-appellees A.B. Hudson and Larry French.

William L. Frost, of Morrison, Frost, Olsen and Irvine, LLP, of Manhattan, argued the cause, and Katherine J. Jackson, of the same firm, was with him on the brief for appellee/cross-appellant Board of Wabaunsee County Commissioners.

Richard H. Seaton, of Seaton, Seaton and Gillespie, L.L.P., of Manhattan, was on the brief for amici curiae Audubon of Kansas and Kansas Wildlife Federation.

Michael D. Irvin, of Kansas Farm Bureau, of Manhattan, was on the brief for amicus curiae Kansas Farm Bureau.


The opinion of the court was delivered by NUSS, J.:

This appeal results from the decision by the Board of County Commissioners of Wabaunsee County (Board) to amend its zoning regulations. Specifically, the Board prohibited the placement of Commercial Wind Energy Conversion Systems (CWECS, i.e., commercial wind farms) in the county. Plaintiffs and plaintiff intervenors (Intervenors) are owners of land and of wind rights...

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