CEDAR CREEK PROPERTIES v. BOARD OF JOHNSON CTY. COMM'RS

No. 63,028

246 Kan. 412 (1990)

789 P.2d 1170

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

Supreme Court of Kansas.

Opinion filed April 13, 1990.


Attorney(s) appearing for the Case

John J. Gardner, of Watson, Ess, Marshall & Enggas, of Olathe, argued the cause, and Steven B. Moore, of the same firm, was with him on the brief for appellants Cedar Creek Properties, Inc., and Ash Grove Cement Company.

John Anderson, Jr., of Overland Park, argued the cause and was on the briefs for appellant R.J. Anderson.

LeeAnne Hays Gillaspie, of Johnson County Legal Department, of Olathe, argued the cause and was on the brief for appellee Board of County Commissioners, Johnson County, Kansas.

R. Scott Beeler, of Gage and Tucker, of Overland Park, argued the cause, and Albert F. Kuhl, of the same firm, was with him on the brief for intervenor-appellee City of Lenexa.


The opinion of the court was delivered by

SIX, J.:

This is an "island annexation" case which addresses the issue of standing. The land to be annexed does not adjoin any city. We call upon statutory construction concepts in dealing with this issue of first impression: the interpretation of K.S.A. 12-520c.

The case is before us on a petition for review from the Court of Appeals decision in Cedar Creek Properties...

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