Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided July 6, 2007Published

1Opinion of the Court

Gary E. Thompson Linn County Counselor P.O. Box 184 Mound City, Kansas 66056

Dear Mr. Thompson:

You inquire regarding the property owner notification requirement for an owner-initiated rezoning application subject to county regulation. The question is whether the 1000 feet distance requirement in K.S.A.12-757 should be calculated from the property that is the subject of the rezoning application or from the larger tract of property owned by the applicant within which the subject property is located.

K.S.A. 12-757 provides, in part:

"(a) The governing body . . . may . . . change or generally revise…

2Cases cited7 opinions

  1. Kansas v. McElroySupreme Court of Kansas · 2006
  2. Paul v. City of ManhattanSupreme Court of Kansas · 1973
  3. Concerned Citizens, United, Inc. v. Kansas Power & Light Co.Supreme Court of Kansas · 1974
  4. Crumbaker v. Hunt Midwest Mining, Inc.Supreme Court of Kansas · 2003
  5. Ford v. City of HutchinsonSupreme Court of Kansas · 1934

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