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IN RE PETITION OF CITY, KAN. CITY OF ANNEXATION OF LAND

No. 68,677

253 Kan. 402 (1993)

856 P.2d 144

In re: The Petition of the City of Kansas City, Kansas, to the Board of County Commissioners of Wyandotte County, Kansas, for the Annexation of Land Pursuant to K.S.A. 12-521. In re: The Petition of John Feeback, et al., to the Board of County Commissioners of Wyandotte County, Kansas, for the Incorporation of Land.

Supreme Court of Kansas.

Opinion filed July 9, 1993.

Attorney(s) appearing for the Case

Charles D. Kugler, of Kugler & Dickerson, of Kansas City, argued the cause and was on the brief for appellants.

N. Cason Boudreau, deputy city attorney, argued the cause, and Harold T. Walker, city attorney, was with him on the brief for appellee City of Kansas City, Kansas.

R. Wayne Lampson, county counselor, argued the cause and was on the brief for appellee Board of County Commissioners of Wyandotte County, Kansas.

The opinion of the court was delivered by

SIX, J.:

This is a municipal law case. The landowners in the remaining unincorporated portion of Wyandotte County (the Piper area) petitioned for incorporation. The City of Kansas City, Kansas, (City) later petitioned for annexation of the same area. The two petitions moved forward together on an administrative track before the three-person Board of County Commissioners (BOCC). The BOCC denied incorporation and granted...

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