Zimmerman, et al. v. Board of County Commissioners, 289 Kan. 926 (Kan. Sup. Ct. 2009)

(court upholds defendant's ordinance banning commercial wind farms; defendant properly followed state statutory procedures in adopting ordinance prohibiting wind farm construction and such prohibition was reasonable based on defendant's consideration of aesthetics, ecology, flora and fauna of Flint Hills; court cited numerous adverse effects of commercial wind farms including, damage to local ecology, prairie chicken habitat - including breeding grounds, nesting and feeding areas and flight patterns, and unsightly nature of large wind turbines as well as negative impact on property values, agriculture and nature-based tourism; parties ordered to submit additional briefing and prepare for oral argument on whether defendant's ordinance constituted a "taking" of plaintiffs' property rights without just compensation, and whether the ordinance violates the Commerce Clause by discriminating against interstate commerce). 

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

RSS​ Facebook Twitter