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BOARD OF JOHNSON COUNTY COMM'RS v. CITY OF LENEXA

No. 52,997

230 Kan. 632 (1982)

640 P.2d 1212

IN RE: THE APPEAL OF THE CITY OF LENEXA TO THE DECISION OF THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, DENYING A PETITION TO ANNEX CERTAIN LANDS, PURSUANT TO K.S.A. 12-521. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, Appellant, v. CITY OF LENEXA, Appellee.

Supreme Court of Kansas.

Opinion filed February 27, 1982.

Attorney(s) appearing for the Case

Bruce F. Landeck, assistant county counselor, argued the cause, and Lyndus A. Henry, county counselor, was with him on the briefs for the appellant.

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

Leonard A. Hall, assistant municipal counsel, was on the briefs for the intervenor, city of Olathe.

The opinion of the court was delivered by

PRAGER, J.:

This controversy arose out of a dispute involving a proposed annexation of land by the city of Lenexa. The case is in the Supreme Court on an interlocutory appeal taken by the Board of County Commissioners of Johnson County from an order of the district court striking the board as a party to the action in the district court. For purposes of this appeal, the facts are not in dispute and are essentially as...

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