Legal Opinion

David v. BOARD OF NORTON COUNTY COMM'RS

Supreme Court of Kansas

Decided May 14, 2004No. 89,822PublishedCited by 5 opinions

1Opinion of the Court

The opinion of the court was delivered by

Beier, J.:

This appeal requires us to decide whether Norton County (County) lawfully employed its home rule power to pass an ordinary resolution regulating confined animal feeding operations (CAFOs) more strictly than they are regulated by the State.

The Board of County Commissioners of Norton County passed Home Rule Resolution 2002-06, attempting to regulate CAFOs within the County’s borders. The individual plaintiffs are CAFO operators affected by the resolution. Before the resolution’s passage, each plaintiff had received a permit from the State that…

2Cases cited15 opinions

  1. Board of Lincoln County Comm'rs v. NielanderSupreme Court of Kansas · 2003
  2. Williamson v. City of HaysSupreme Court of Kansas · 2003
  3. City of Junction City v. LeeSupreme Court of Kansas · 1975
  4. Lindemuth v. Goodyear Tire & Rubber Co.Court of Appeals of Kansas · 1993
  5. Blevins v. HiebertSupreme Court of Kansas · 1990

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. BaileySupreme Court of Kansas · 2021
  2. Dwagfys Mfg., Inc. v. City of Topeka, Kan., Corp.Supreme Court of Kansas · 2019
  3. American Warrior, Inc. v. Board of Finney County Comm'rsSupreme Court of Kansas · 2024
  4. Attorney General Opinion No., Kansas Attorney General Reports2006
  5. Ternes v. Board of Sumner County Comm'rsCourt of Appeals of Kansas · 2020

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