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County attorney cautions against lifting moratorium for a single solar project
Summary
County legal guidance read into the record warned that selectively exempting a single project from a moratorium could violate Kansas law and equal-protection principles, recommending caution before any narrow exemption.
County staff read written legal advice from county attorney Josh Alvin into the record, advising commissioners that selectively lifting a moratorium for one project could raise constitutional equal‑protection concerns and is not clearly authorized by Kansas zoning statutes.
The memo (read in the meeting) noted that while Kansas law permits development moratoria as interim planning tools, zoning regulations must be applied uniformly by classification and any selective exemption would need a rational basis tied to materially different circumstances. The county attorney's guidance cited KSA provisions and urged the board to be cautious about making an exception for a single project without a demonstrated rationale.
Commissioners acknowledged the legal framework and said they would seek additional clarification before making a decision. No waiver or exemption was granted during the meeting.
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