Monday, June 12, 2006

Race Horse Training Not an Agricultural Purpose

Seward County v. Navarro, 2006 Kan. App. LEXIS 482 (Kan. Ct. App. May 19, 2006)

The county moved to enjoin the defendants from further use of their property as a horse training facility, and the defendants responded that training race horses is an agricultural purpose. The defendants also argued that their preexisting use as a racehorse training facility trumped the county's regulation.

The Kansas Court of Appeals held that training horses for racing is not an agricultural purpose that would exempt it from the county's zoning regulations. However, the court remanded the case for consideration as to whether the Navarro's use predated the county's ordinance.

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