County counsel: Prairiewood zoning appeal headed to Kansas Court of Appeals in March
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Summary
County counsel said the Prairiewood agritourism zoning dispute is on appeal to the Kansas Court of Appeals with oral argument scheduled for March 11; the county plans to defend the district court's decision after petition-count and petition-applicability arguments were raised.
Riley County's county counselor told commissioners on Dec. 30 that the Prairiewood zoning dispute is now pending at the Kansas Court of Appeals and that oral argument is scheduled for March 11 at 10 a.m.
Brian Parker, county counselor, said the case concerns an amendment to zoning regulations affecting agritourism and a dispute over whether petition thresholds were met. County staff calculated the petition met 19.5 percent of adjoining landowners after treating an undivided half-interest tract as half a signature; appellants argue that the other undivided interest should count, which would push the petition over the 20 percent threshold required by the regulations.
Parker said the district court previously found in the county's favor in a roundabout way and noted the county's current posture is defensive as the appealing party seeks review. He and county counsel staff said they will file a substitution so county counsel will replace the current attorney of record for the appeal and that the oral argument will be available by YouTube link.
The commission did not take additional action at the meeting; counsel said any procedures required if the petition is ultimately acknowledged would be brought to the commission for consideration.