Miami County v. Svoboda

The opinion of the court was delivered by

Davis, J.:

Patrick J. Svoboda operates a private landing field on his farm in Miami County, Kansas. Pursuant to local zoning regulations, Miami County required Svoboda to obtain a conditional use permit. He argued that his use of the field is for agricultural purposes and is, therefore, exempt under K.S.A. 19-2921. Under the unique facts of this case, we conclude that contrary to the decision of the trial court, Svoboda’s use of the landing field is exempt from local zoning regulations.

The material facts in this case are undisputed. The defendant is the…