McPherson Landfill, Inc. v. Board of Shawnee County Comm'rs

The opinion of the court was delivered by

Davis, J.:

The Shawnee County Board of Commissioners (Board) denied McPherson Landfill, Inc.’s (MLI) application for a conditional use permit (CUP) to establish and operate a construction and demolition (C&D) landfill. MLI petitioned the district court for judicial review. MLI appeals from the district court’s summary judgment in favor of the Board. Our jurisdiction is based upon K.S.A. 20-3018(c) by transfer of this case from the Kansas Court of Appeals.

MLI addresses two major concerns in this appeal. The first concern relates to the fairness of the…