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STATE, EX REL., v. CITY OF OVERLAND PARK

No. 47,377

215 Kan. 700 (1974)

527 P.2d 1340

THE STATE OF KANSAS, ex rel., MARGARET W. JORDAN, District Attorney of the Tenth Judicial District, Appellee, v. THE CITY OF OVERLAND PARK, a Municipal Corporation and a First Class City of Johnson County, Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed November 11, 1974.

Attorney(s) appearing for the Case

John L. Vratil, of Bennett, Lytle, Wetzler & Winn, of Prairie Village, argued the cause for the appellant.

Margaret W. Jordan, district attorney, argued the cause, and Robert C. Londerholm, of Olathe, was with her on the brief for the appellee.

Frank A. Bien, of Topeka, was on the brief of League of Kansas Municipalities as amicus curiae.

Vern Miller, attorney general, and John T. Moore, assistant attorney general were on the brief of state of Kansas as amicus curiae.

The opinion of the court was delivered by

FONTRON, J.:

This action challenges the validity of a series of annexations to the city of Overland Park, Kansas. The trial court held the ordinances under which the annexations were accomplished to be invalid, and entered judgment in favor of the plaintiff. The city brings this appeal.

For the sake of clarity as well as convenience we shall refer to the appellee as the state, or plaintiff, and to the appellant...

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