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CITY OF LENEXA v. CITY OF OLATHE

No. 52,045

228 Kan. 773 (1980)

620 P.2d 1153

CITY OF LENEXA, Plaintiff-Appellant, v. CITY OF OLATHE, Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1980.

Attorney(s) appearing for the Case

Robert H. Freilich, of Kansas City, Missouri, and Richard W. Byrum, of Schnider, Shamberg, and May, Chartered, of Shawnee Mission, argued the cause and were on the brief for the appellant.

Marilyn J. Harbur, of Olathe, argued the cause and was on the brief, and Thomas A. Glinstra, of Olathe, appeared with her for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an action in the nature of quo warranto, declaratory judgment and injunction, brought by the city of Lenexa, attacking the annexation of certain lands in Johnson County by the defendant, city of Olathe. The city of Olathe filed a motion to dismiss the action on the ground that the city of Lenexa lacked standing to maintain the action. The district court sustained the motion to dismiss, holding that...

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