October 29, 2018

The original application for a Special Use Permit (SUP) to quarry sand on property at 166th and Lenape was submitted by Kaw Valley Companies, Inc. (KV) to Leavenworth County (LVCO). The proposed project is titled the Lenape Sand Quarry.

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July 10, 2019

The Planning Commission (PC) of LVCO held a public hearing on the Lenape Sand Quarry.

It recommended that the SUP be denied by the Board of County Commissioners (BOCC).

Link: Planning Commission's Information Packet

Video: July 10th PC Meeting and Public Hearing 

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January 29, 2020

KV asked that their proposal be scheduled to be heard by the BOCC in April. The document prepared by KV for the BOCC was handed to the commissioners. 

 

Link: Kaw Valley Proposal

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All public hearings were postponed due to Covid. A hearing was eventually scheduled for July 8, 2020.

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July 1, 2020

A 309-page, spiral bound book that was created for the BOCC by LVCO citizens opposed to the Lenape Sand Quarry was handed to the commissioners. 

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Link: LVCO Citizens Opposition Document

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July 8, 2020

The BOCC held a public hearing on the Lenape Sand Quarry proposal. A vote by the BOCC on the SUP was scheduled for July 15, 2020.
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Video: July 8th BOCC Meeting and Public Hearing
Link: Kaw Valley Power Point Presentation

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July 15, 2020

The BOCC voted to approve the SUP meaning a resolution was adopted with conditions that KV was to follow as they proceeded with their quarry operation. Mike Stieben, the 5th District commissioner, was the only dissenting vote.

 

Video: July 15th BOCC Meeting 

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August 11, 2020

KV filed a lawsuit in District Court against the BOCC objecting to a condition in the resolution that required KV to rebuild the haul route roads before quarrying could begin. KV felt it was “arbitrary and capricious,” therefore unreasonable meaning that condition should be thrown out.

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August 11, 2020 to September 1, 2021

The lawsuit continued in the District Court with a final decision rendered that favored the BOCC.
 

Link: District Court Documents and Ruling 

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September 24, 2021

KV appealed the District Court decision to the KS Court of Appeals.

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September 24, 2021 to August 26, 2022

The appeal continued in the KS Court of Appeals with a final decision being that the resolution was so poorly constructed that it was impossible for its reasonableness to be judged. The clock was rewound to before the vote was taken by the BOCC in July of 2020.
 

Link: KS Court of Appeals Documents and Ruling 

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October 26, 2022

In a closed executive session, the BOCC was briefed by David Van Parys, the LVCO counsel, on what path, as outlined by the KS Court of Appeals, the BOCC should take moving forward.

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November 30, 2022

The BOCC voted 4 to 1 to deny Kaw Valley’s SUP. Doug Smith was the commissioner who didn’t vote to deny.

Kaw Valley may reapply, if they wish. The application process would need to start from scratch. 

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Link: BOCC meeting packet

Link: Table of Contents for BOCC meeting packet

Video: November 30th BOCC meeting

Link: Chairman Mike Smith's statement to the BOCC 

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