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

No. 65,729

249 Kan. 149 (1991)

815 P.2d 492

CEDAR CREEK PROPERTIES, INC., and R.J. ANDERSON, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, and CITY OF LENEXA, Appellees.

Supreme Court of Kansas.

Opinion filed July 12, 1991.


Attorney(s) appearing for the Case

John J. Gardner, of Watson, Ess, Marshall & Enggas, of Olathe, argued the cause, and Margaret A. Gallagher, of the same firm, was with him on the briefs for appellant Cedar Creek Properties, Inc.

John Anderson, Jr., of Overland Park, argued the cause and was on the brief 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 of Johnson County, Kansas.

R. Scott Beeler, of Gage & Tucker, of Overland Park, argued the cause and was on the brief for appellee City of Lenexa.

James M. Kaup, of Topeka, was on the brief for amicus curiae League of Kansas Municipalities.


The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by neighboring landowners of the decision of the Board of County Commissioners of Johnson County (BOCC) approving Resolution No. 86-88, a request by the City of Lenexa, Kansas, for island annexation of land pursuant to K.S.A. 12-520c.

This case was previously considered by this court in Cedar Creek Properties, Inc. v. Board of Johnson...

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