Same; appeals to district court

K.S.A. 12-760 — under PLANNING AND ZONING.

K.S.A. 12-760

12-760. Same; appeals to district court. (a) Within 30 days of the final decision of the city or county, any person aggrieved thereby may maintain an action in the district court of the county to determine the reasonableness of such final decision. (b) The provisions of this section shall become effective on and after January 1, 1992. History: L. 1991, ch. 56, § 23; July 1. Law Review and Bar Journal References: "Survey of Kansas Law: Real Property," Michael J. Davis, 41 K.L.R. 669, 681 (1993). "Tell it to the judge: Appealing a zoning decision," Roger W. Badeker, 67 J.K.B.A. No. 7, 33 (1998). "What Can They Do? Limitation on the Power of Local Zoning Authorities," Patrick B. Hughes, 76 J.K.B.A. No. 1, 28 (2007). Attorney General's Opinions: Proposed zoning changes; need for timely protest regardless of commission recommendation. 2005-6. CASE ANNOTATIONS 1. Local zoning authority action not unreasonable solely because factors for decision not stated in written order. Board of Johnson County Comm'rs v. City of Olathe, 263 Kan. 667, 676, 952 P.2d 1302 (1998). 2. Approval of plat by city is not a ministerial act and may not be compelled through mandamus. Rodrock Enterprises, L.P. v. City of Olathe, 28 Kan. App. 2d 860, 21 P.3d 598 (2001). 3. Mentioned in suit challenging conditional use permit relating to mining. Continental Coal, Inc. v. Cunningham, 511 F. Supp. 2d 1065, 1072 (2007). 4. Intervenors' action commenced in timely manner; county resolution banning commercial wind farms found reasonable. Zimmerman v. Board of Wabaunsee County Comm'rs, 289 Kan. 926, 218 P.3d 400 (2009). 5. Additional party may not circumvent 30-day rule by bootstrapping onto properly filed appeal of aggrieved party. Evans v. City of Emporia, 44 Kan. App. 2d 1066, 243 P.3d 374 (2010). 6. Zoning authorities are not required to consider and document the factors enumerated in Golden v. City of Overland Park when evaluating zoning amendments. Austin Properties, LLC v. City of Shawnee, 64 Kan. App. 2d 166, 199, 547 P.3d 531 (2024). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026