Board of Leavenworth County Comm'rs v. Whitson

The opinion of the court was delivered by

Beier, J.:

This zoning dispute requires us to evaluate the propriety of a requirement that defendants Richard L. and Linda L. Whitson obtain a special use permit before operating a group home for transitioning sexually violent predators in rural Leavenworth County.

This case arises out of Leroy Hendricks’ successful application to move into Phase 6 of the treatment program set up by the Department of Social and Rehabilitation Services (SRS), pursuant to the Sexually Violent Predator Act, K.S.A. 59-29a01 etseq. (Act). In 1997, the United States Supreme…