Zimmerman v. Board of County Commissioners

The opinion of the court was delivered by

Nuss, J.:

This appeal results from the decision by the Board of County Commissioners of Wabaunsee County (Board) to amend its zoning regulations. Specifically, the Board prohibited the placement of Commercial Wind Energy Conversion Systems (CWECS, i.e., commercial wind farms) in the county. Plaintiffs and plaintiff inteivenors (Intervenors) are owners of land and of wind rights, respectively, in the county.

The district court granted the Board’s various motions to dismiss. Plaintiffs and Intervenors appeal, and the Board cross-appeals. Our jurisdiction…