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CITY OF LENEXA v. CITY OF OLATHE

No. 54,932

233 Kan. 159 (1983)

660 P.2d 1368

CITY OF LENEXA, Appellant, v. CITY OF OLATHE, Appellee.

Supreme Court of Kansas.

Opinion filed March 26, 1983.

Attorney(s) appearing for the Case

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

Richard N. Roe, of Lowe, Terry & Roberts, of Olathe, argued the cause and Thomas A. Glinstra, municipal counsel, of Olathe, was with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from the trial court's order granting summary judgment in favor of the city of Olathe with regard to an annexation controversy.

This is our third look at this case. The facts are undisputed. Pursuant to a petition from David Miller requesting his property be annexed to the city, on June 4, 1979, the city of Olathe passed Ordinance No. 844 annexing the property. Miller's petition...

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