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AMERICAN WARRIOR v. BD. OF COUNTY COM'RS

No. 124,998.

525 P.3d 789 (2023)

AMERICAN WARRIOR, INC., and Brian F. Price, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF FINNEY COUNTY, Kansas, and Huber Sand, Inc., Appellees.

Court of Appeals of Kansas.

Opinion Filed February 10, 2023.

Attorney(s) appearing for the Case

Patrick A. Edwards and David E. Bengtson , of Stinson LLP, of Wichita, and Benjamin C. Jackson , of Jackson Legal Group, LLC, of Scott City, for appellants.

Linda J. Lobmeyer and Shane Luedke , of Calihan Law Firm, P.A., of Garden City, for appellees.

Before Arnold-Burger, C.J., Gardner and Cline, JJ.

This case involves an appeal from a decision of the district court of Finney County affirming the validity of a conditional-use permit issued by the Board of Zoning Appeals (BZA) of Finney County to Huber Sand, Inc. to operate a sand and gravel quarry. The Appellants argue the procedures for reviewing and issuing a conditional-use permit...

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