CITY OF TOPEKA v. BOARD OF SHAWNEE COUNTY COMM'RS

No. 68,123

252 Kan. 432 (1993)

845 P.2d 663

CITY OF TOPEKA, KANSAS, Appellant, v. SHAWNEE COUNTY BOARD OF COUNTY COMMISSIONERS, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1993.


Attorney(s) appearing for the Case

James M. Kaup, of Gilmore & Bell, of Topeka, argued the cause, and Vernon L. Jarboe, of the same firm, was with him on the brief for appellant.

Larry E. Gregg, of Hamilton, Gregg, Barker & Johnson, of Topeka, argued the cause, and John R. Hamilton and Linda P. Jeffrey, of the same firm, were on the brief for appellee.

Steven R. Wiechman, of Topeka, was on the brief for amicus curiae Kansas Association of Counties.

William Hergenreter, of Shaw, Hergenreter, Quarnstrom & Kocher, of Topeka, was on the brief for amicus curiae Mission Township.

Donald L. Moler, Jr., of Topeka, was on the brief for amicus curiae League of Kansas Municipalities.


The opinion of the court was delivered by

SIX, J.:

This is a first impression annexation case construing certain 1987 amendments to K.S.A. 12-521. The City of Topeka (City) challenges an order of the Board of Commissioners of Shawnee County (Board) denying the City's petition to annex lands adjacent to the southwest corner of Topeka (the Sherwood area). The City appealed the Board's denial of the annexation petition to the district court. The district court...

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