143rd Street Investors, L.L.C. v. Board of County Commissioners

The opinion of the court was delivered by

Luckert, J.:

This appeal raises issues regarding the interpretation and application of K.S.A. 3-307e, a statute relating to the rezoning of property within 1 mile of the Johnson County Executive Airport (Airport). Under this unique statutory scheme, a proposed rezoning must have the approval of the city and the county in which the property is located. In this case, the City of Olathe (City) approved the proposed rezoning, but Johnson County (County) did not. On judicial review of the County’s decision to disapprove the proposed rezoning, the district…