Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided February 24, 2005Published

1Opinion of the Court

Blaine Finch Franklin County Counselor 109 West Second Street P.O. Box 643 Ottawa, Kansas 66067-0643

Dear Mr. Finch:

As Franklin County Counselor, you request our opinion regarding whether K.S.A. 12-757(f)(1), which allows for the filing of a protest petition to a proposed zoning amendment, is limited to one or more filings.

In order to answer your query, it is necessary to understand the rezoning process for a specific property. When an applicant requests a zoning amendment, the amendment is initially considered by the planning commission, after notice and a public hearing.1 At the conclusion…

2Cases cited8 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Jacobs, Visconsi & Jacobs, Co. v. City of LawrenceCourt of Appeals for the Tenth Circuit · 1991
  3. Koppel v. City of FairwaySupreme Court of Kansas · 1962
  4. Arkenberg v. City of TopekaSupreme Court of Kansas · 1966
  5. Houston v. Board of City CommissionersSupreme Court of Kansas · 1975

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