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143RD STREET v. BD. OF COUNTY COM'RS

No. 102,350.

259 P.3d 644 (2011)

143RD STREET INVESTORS, L.L.C., et al., Appellees, v. The BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, Kansas, Appellant, and The City of Olathe, Kansas, A Municipal Corporation, Appellee.

Supreme Court of Kansas.

August 5, 2011.

Attorney(s) appearing for the Case

Richard J. Lind , deputy county counselor, argued the cause and was on the briefs for appellant Board of County Commissioners of Johnson County.

Thomas A. Glinstra , city attorney, argued the cause, and Michael J. Price , assistant city attorney, was with him on the brief for appellee City of Olathe.

Rod L. Richardson , of Wallace, Saunders, Austin, Brown & Enochs, Chtd., of Overland Park, argued the cause, and James L. (Jay) MowBray , of the same firm, was with him on the brief for appellee 143rd Street Investors, L.L.C., now Pflumm 143, Inc.

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

This appeal raises issues regarding the interpretation and application of K.S.A. 3-307e, a statute relating to the rezoning of property within 1 mile of the Johnson County Executive Airport (Airport). Under this unique statutory scheme, a proposed rezoning must have the approval of the city and the county in which the property is located. In this case, the City of Olathe (City) approved the proposed rezoning,...

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