McCARTHY v. CITY OF LEAWOOD

No. 72,536

257 Kan. 566 (1995)

LYNN McCARTHY, et al., Appellants, v. CITY OF LEAWOOD, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 21, 1995.


Attorney(s) appearing for the Case

John C. Eisele, of John C. Eisele, Chartered, of Prairie Village, argued the cause and was on the briefs for appellants Lynn McCarthy, Victor L. and Helen B. Regnier, and Ranch Mart, Inc.; Barton P. Cohen, of Blackwell Sanders Matheny Weary & Lombardi, of Overland Park, for appellant Ronald E. Nelson; James R. Hubbard, of Watson, Marshall, L.C., of Olathe, for appellants Jane L. Jameson, Trustee U.T.A. of the Naomi J. Jameson Trust, Jane L. Jameson Individually, and James R. Hubbard, Trustee U.T.A. of the Richard A. Jameson Trust; O.P. Peterson, Jr., of Kansas City, Kansas, for appellant Van Liews, Inc.; Lawrence C. Gates, of Gates & Clyde, Chartered, of Overland Park, for appellants South Roe Development Co. and Plaza Development Co.; Matthew A. Buchmann, of Overland Park, for appellants Hazel Sharp, Trustee of the Perry M. Sharp Trust C., and Hazel Sharp Individually; George A. Lowe, of Lowe, Farmer & Bacon, of Olathe, for appellants William B. and Jacqueline A. Madden and Ira Stein; Leland H. Corley, of Lewis, Rice & Fingersh, of Kansas City, Missouri, for appellant LPL Associates, L.P., were with him on the briefs.

Patricia A. Bennett, of Bennett, Lytle, Wetzler, Martin & Pishny, L.C., of Prairie Village, argued the cause, and Richard S. Wetzler, of the same firm, was with her on the brief for appellee.

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


The opinion of the court was delivered by

ALLEGRUCCI, J.:

Plaintiffs Lynn McCarthy, Victor and Helen Regnier, and Ranch Mart, Inc., filed a petition seeking declaratory and injunctive relief invalidating and restraining the use of Leawood Ordinance 1027C, which conditions building permits and plat approval for properties within the K-150 Corridor on payment of impact fees. In addition to Leawood, McCarthy named as defendants other property owners who would...

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