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CITY OF LEAWOOD v. CITY OF OVERLAND PARK

No. 62,905

245 Kan. 283 (1989)

777 P.2d 830

CITY OF LEAWOOD, Appellant/Cross-Appellee, v. CITY OF OVERLAND PARK, Appellee/Cross-Appellant, and MELVIN L. and SUSAN K. BRIGGS; PAUL SCHMIDT, TRUSTEE FOR CHERYL ANN ENGLEMAN, and LORIE JEANNE ENGLEMAN; MERLE CHANEY; LARRY L. and LINDA PALMQUIST; LAWRENCE ENGLAND, JR., and EFFIE M. ENGLAND; EFFERTZ BROTHERS, INC.; RUTH CORPORATION; and ANDERSON RIDGE FARMS, INC., Appellees/Cross-Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1989.

Attorney(s) appearing for the Case

Fred J. Logan, Jr., of Logan & Logan, of Prairie Village, argued the cause and Brian J. Niceswanger, of the same firm, was with him on the briefs for appellant/cross-appellee.

Michael M. Shultz, of Kansas City, Missouri, argued the cause and Robert J. Watson, city attorney, was with him on the brief for appellee/cross appellant.

Mark A. Hannah, of Grimshaw & Rock, Chartered, of Olathe, argued the cause and was on the brief for appellees/cross-appellants.

The opinion of the court was delivered by

HERD, J.:

The City of Leawood appeals a summary judgment in favor of the City of Overland Park and the named landowners in a dispute over certain land annexed by Overland Park pursuant to K.S.A. 1988 Supp. 12-520(a)(7). Overland Park and the affected landowners cross-appeal the district court's finding that this annexation could not have been accomplished pursuant to K.S.A...

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