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PISHNY v. BD. OF COUNTY COM'RS OF JOHNSON

No. 105,595.

277 P.3d 1170 (2012)

Norman PISHNY, Gerald U. Matile and Lynne L. Matile, Husband and Wife, and Thomas S. Watson, Trustee of the Thomas S. Watson Trust U.T.A. 05/02/01, Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF JOHNSON COUNTY, Kansas, Annabeth Surbaugh, Chairman, and Ed Eilert, John Patrick Segale, Douglas E. Wood, C. Edward Peterson, John Toplikar, and David A. Lindstrom, Commissioners, and The City of Overland Park, Kansas, Appellees.

Court of Appeals of Kansas.

May 4, 2012.

Attorney(s) appearing for the Case

James R. Orr , of Westwood, and Richard Eckert , of Topeka, for appellants.

Neil R. Shortlidge , of Stinson Morrison Hecker LLP, of Kansas City, Missouri, Michael R. Santos , city attorney, of Overland Park, and Michael M. Shultz , of Kaup & Shultz, LC, of Lawrence, for appellee City of Overland Park, Kansas.

Donald D. Jarrett and Richard J. Lind , of Johnson County Legal Department, for appellee Board of County Commissioners.

Before HILL, P.J., GREEN, J., and LARSON, S.J.

HILL, J.

One of the many duties of a county commissioner in Kansas is to decide whether a city's proposed annexation land into the city provides for the orderly growth and development of the entire community, both inside and outside the city. In this appeal, a coalition of landowners seeks the reversal of the resolution by the Board of County Commissioners of Johnson County granting an annexation petition of the City of Overland Park. Our review of the record reveals...

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