IN RE APPEAL OF CITY OF LENEXA

No. 54,422

232 Kan. 568 (1983)

657 P.2d 47

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.

Supreme Court of Kansas.

Opinion filed January 14, 1983.


Attorney(s) appearing for the Case

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

Bruce F. Landeck, assistant county counselor, argued the cause and Lyndus A. Henry, county counselor, and Philip S. Harness, assistant county counselor, were with him on the brief for appellee Board of County Commissioners of Johnson County, Kansas.

John Anderson, Jr., of Overland Park, argued the cause and was on the brief for appellee John Anderson, Jr.

Byron J. Beck, of Morrison, Hecker, Curtis, Kuder & Parrish, of Overland Park, argued the cause and was on the brief for appellee Byron J. Beck.

Leonard A. Hall, assistant municipal counsel, and Thomas A. Glinstra, municipal counsel, of Olathe, were on the brief for intervenor City of Olathe, Kansas.


The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the City of Lenexa from the denial of its petition to annex an area of approximately twenty square miles lying to the west of its present city limits. Lenexa's petition for permission to annex the territory was filed with the Board of County Commissioners of Johnson County pursuant to K.S.A. 12-521. After a hearing, the Board denied the petition...

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