Archive for Friday, January 18, 2013

Kansas Court of Appeals panel sides with Douglas County quarry on permit issue

January 18, 2013


— In a long-running dispute, a panel of the Kansas Court of Appeals on Friday affirmed a decision that granted a permit for a quarry operation in Douglas County.

In 2002, Hamm Quarry Inc., which has operated for more than 40 years the Petefish Quarry southeast of Eudora, wanted to extend its operations into adjoining property that it leases, according to the court decision.

Neighbors, including Arthur Neis, opposed Hamm's application for a conditional use permit out of concern that the quarry operation would have a negative impact on their nearby properties, the decision said.

But Douglas County commissioners approved the permit subject to numerous conditions and restrictions.

Neis filed a lawsuit, alleging the decision was illegal and unreasonable, and resulted in an unconstitutional taking of a portion of his property, and that he was denied equal protection of the law.

Douglas County District Court Judge Robert Fairchild ruled that the commissioners acted legally and granted a summary judgment denying Neis' claims.

A three-judge panel of the Appeals Court affirmed Fairchild's decisions. "Neis has failed to establish that the CUP (conditional use permit) has any significant effect on his land, much less that it regulates its use in a manner that 'goes too far' and, therefore, amounts to a regulatory taking," the panel wrote.


Use the comment form below to begin a discussion about this content.

Commenting has been disabled for this item.