ZIMMERMAN v. HUDSON

No. 98,487.

264 P.3d 989 (2011)

293 Kan. 332

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 21, 2011.


Attorney(s) appearing for the Case

Charles C. Steincamp , of Depew Gillen Rathbun 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 was on the brief for the intervenors/appellants/cross-appellees A.B. Hudson and Larry French.

William L. Frost , of Morrison, Frost, Olsen, Irvine, Jackson and Schartz, L.L.P., of Manhattan, argued the cause, and Katharine 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 the Kansas Wildlife Federation.

Michael D. Irvin and Charles Arthur , of Kansas Farm Bureau, of Manhattan, were on the brief for amicus curiae Kansas Farm Bureau.

Neil R. Shortlidge , of Stinson Morrison Hecker, L.L.P., of Overland Park, Donald L. Moler, Jr. , and Sandra L. Jacquot , of League of Kansas Municipalities, of Topeka, and Melissa Wangemann, of Kansas Association of Counties, of Topeka, were on the brief for amici curiae League of Kansas Municipalities and Kansas Association of Counties.

Alan Claus Anderson , of Husch Blackwell Sanders, L.L.P., of Kansas City, Missouri, and Derek T. Teeter , of the same firm, were on the brief for amicus curiae NextEra Energy Resources, L.L.C.

Patrick B. Hughes , of Adams Jones Law Firm, P.A., of Wichita, and Michael J. Davis , of the University of Kansas School of Law, of Lawrence, were on the brief for amicus curiae Protect the Flint Hills, Inc.

Frank A. Caro, Jr. and Kevin J. Breer , of Polsinelli Shughart, P.C., of Overland Park, and Timothy S. Bishop and J. Bishop Grewell , of Mayer Brown, L.L.P., of Chicago, Illinois, were on the brief for amicus curiae The Wind Coalition.


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

This case involves a decision by the Board of County Commissioners of Wabaunsee County (Board) to amend its zoning regulations. Specifically, the Board permitted Small Wind Energy Conversion Systems (SWECS) but prohibited the placement of Commercial Wind Energy Conversion Systems (CWECS, i.e., commercial wind farms) in the county. Plaintiffs are owners of land in the...

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