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September 25, 2011 'Volume 5 No. 18 Zoning Bulletin <br />Rezoning —Statute Requires County Approval <br />of City Rezone Within One Mile of Airport <br />When county rejects rezone, landowner says "approval" <br />means review, not independent determination <br />Citation: 143rd Street Investors, L.L.C. v. Board of County Com'rs of <br />Johnson County, 2011 WL 3366451 (Kan. 2011) <br />KANSAS (08/05/11)—This case addresses the interpretation and ap- <br />plication of Kansas statutory law, K.S.A. 3-307e, which relates to the re- <br />zoning of property within one mile of an airport. More specifically, the <br />case addresses whether the statute's requirement of both city and county <br />"approval" of a proposed rezoning, authorizes the county to make an <br />independent, discretionary rezoning determination or simply gives the <br />county the role of reviewing the city's action. <br />The Background/Facts: "Landowners" owned approximately 95 <br />acres of land (the "Property") in the City of Olathe (the "City"), in <br />Johnson County (the "County"). A portion of the Property lay within <br />the "primary flight corridor subarea A" of the Johnson County Execu- <br />tive Airport (the "Airport"). Most of the Property was located adjacent <br />to this corridor. <br />For authorization to photocopy, please contact the Copyright Clearance Center. at 222 Rosewood <br />Drive, Danvers, MA 01923, USA (978) 750-8400; fax (978) 646-8600 or West's Copyright Services at <br />610 Opperman Drive, -Eagan, MN 55123, fax (651) 687-7551. Please outline the specific material <br />involved, the number of copies you wish to distribute and the purpose or format of the use. <br />This publication was created to provide you with accurate and authoritative information concerning <br />the subject matter covered; however, this publication was not necessarily prepared by persons <br />licensed to practice law in a particular jurisdiction_ The publisher is not engaged in rendering legal <br />or other professional advice and this publication Is not a substitute for the advice of an attorney. <br />If you require legal or other expert advice, you should seek the services of a competent attorney <br />or other professional. <br />Zoning Bulletin is published and copyrighted by Thomson Reuters, 610 Opperman Drive, P.O. Box <br />64526 St. Paul, MN 55164-0526. For subscription information: call (800) 229-2084, or write West, <br />Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55164-9753. <br />POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 64526 St. <br />Paul, MN 55164-0526. <br />WEST® <br />610 Opperman Drive • P.O. Box 64526 • St. Paul, MN 55164-0526 <br />1-800-229-2084 • email: west.customerservice@thomsonreuters.com • west.thomson.com/quinlan <br />ISSN 0514-7905 • @ 2011 Thomson Reuters, All Rights Reserved. <br />Quinlann, is a Thomson Reuters brand. <br />2 © 2011 Thomson Reuters <br />