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CEDAR CREEK PROPERTIES v. BD. OF JOHNSON CTY.

No. 63,028

13 Kan. App. 2d 734 (1989)

779 P.2d 463

CEDAR CREEK PROPERTIES, INC., ASH GROVE CEMENT COMPANY, and R.J. ANDERSON, Appellants, v. BOARD OF COUNTY COMMISSIONERS, JOHNSON COUNTY, KANSAS, Appellee.

Court of Appeals of Kansas.

Rev'd April 13, 1990.

Attorney(s) appearing for the Case

John J. Gardner and Steven B. Moore, of Watson, Ess, Marshall & Enggas, of Olathe, for the appellants Cedar Creek Properties, Inc., and Ash Grove Cement Company.

John Anderson, Jr., of Overland Park, for the appellant R.J. Anderson.

LeeAnne Hays Gillaspie, of Johnson County Legal Department, for the appellee Board of County Commissioners, Johnson County, Kansas.

R. Scott Beeler and Albert F. Kuhl, of Gage & Tucker, of Overland Park, for the appellee-intervenor City of Lenexa, Kansas.

Before BRISCOE, P.J., ELLIOTT and GERNON, JJ.

Rev'd 246 Kan. ___, ___, P.2d ___ (April 13, 1990).

BRISCOE, J.:

This is an annexation case in which Cedar Creek Properties, Inc., and other landowners appeal the decision of the Johnson County Board of County Commissioners (Board) approving annexation of 328 acres by the City of Lenexa (City). The district court dismissed the appeal, finding plaintiffs lacked standing to attack the annexation. We affirm.

The property which is the subject of the annexation...

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