CRUMBAKER v. HUNT MIDWEST MINING, INC.

No. 88,623

275 Kan. 872 (2003)

69 P.3d 601

MARK CRUMBAKER, et al., Appellees, v. HUNT MIDWEST MINING, INC., HUNT MIDWEST REAL ESTATE DEVELOPMENT, INC., and THE ESTATE OF HARRY DARBY, Appellants, and CITY OF DE SOTO, KANSAS, Defendant.

Supreme Court of Kansas

Opinion filed May 30, 2003.


Attorney(s) appearing for the Case

Paul G. Schepers, of Seigfreid, Bingham, Levy, Selzer & Gee, of Kansas City, Missouri, argued the cause, and Andrea Gould McCarthy and Jane L. Williams, of the same firm, and Michael G. Norris, of Norris, Keplinger & Herman, LLC, of Overland Park, were with him on the briefs for appellants.

John M. Duggan, of Duggan, Shadwick & Doerr, P.C., of Overland Park, argued the cause, and William M. Nelson, of the same firm, was with him on the brief for appellees.


The opinion of the court was delivered by

NUSS, J.:

Mark Crumbaker and other landowners filed a declaratory judgment action seeking to invalidate the land use provisions in an Annexation Agreement (Agreement) between (1) the City of De Soto (City) on the one side and (2) Hunt Midwest Mining, Inc. (3) Hunt Midwest Real Estate Development, Inc., and (4) the Estate of Harry Darby (sometimes collectively referred to as Hunt

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