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DILLON REAL ESTATE CO. v. CITY OF TOPEKA

No. 95,162.

163 P.3d 298 (2007)

DILLON REAL ESTATE CO. INC., Mission Township, Sherwood Improvement District, State of Kansas ex rel. Phil Kline, Attorney General, Appellants/Cross-appellees, v. The CITY OF TOPEKA, Appellee/Cross-appellants.

Supreme Court of Kansas.

July 27, 2007.

Attorney(s) appearing for the Case

David E. Watson, of Hamilton, Laughlin, Barker, Johnson & Watson, of Topeka, argued the cause, and John R. Hamilton, of the same firm, and David Davies, assistant attorney general, were with him on the briefs for appellants/cross-appellees.

Edward L. Bailey, of Cosgrove, Webb & Oman, of Topeka, argued the cause, and Susan L. Mauch, of the same firm, was with him on the briefs for appellee/cross-appellant.

The opinion of the court was delivered by NUSS, J.:

This case arises out of the City of Topeka's efforts to unilaterally annex property pursuant to K.S.A. 12-520. The property is located within both the Mission Township and the Sherwood Improvement District, a district created by Shawnee County pursuant to K.S.A. 19-2753. Dillon Real Estate Co., Inc. (Dillon) owns part of the annexed property.

The City's attempt greatly relies upon consents to annexation filed...

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