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Kansas Permit Affirmed


In a long-running dispute, a panel of the Kansas Court of Appeals affirmed a decision that granted a permit for a quarry operation in Douglas County, Kan., according to the Lawrence Journal-World. In 2002, Hamm Quarry Inc., which for more than 40 years has operated the Petefish quarry southeast of Eudora, wanted to extend its operations into adjoining property that it leases, according to the court decision. Neighbors opposed Hamm’s application for a conditional use permit out of concern that the quarry operation would have a negative impact on their nearby properties.

Douglas County District Court Judge Robert Fairchild ruled that the commissioners acted legally and granted a summary judgment denying claims against the company.

A three-judge panel of the Appeals Court affirmed Fairchild’s decisions. “[The plaintiff] has failed to establish that the CUP (conditional use permit) has any significant effect on his land, much less that it regulates its use in a manner that ‘goes too far’ and, therefore, amounts to a regulatory taking,” the panel wrote.