HEARTLAND APT. ASS'N, INC. v. MISSION

No. 111,521.

392 P.3d 98 (2017)

HEARTLAND APARTMENT ASSOCIATION, INC., et al., Appellants/Cross-appellees, v. CITY OF MISSION, Kansas, Appellee/Cross-appellant.

Supreme Court of Kansas.

Opinion filed April 7, 2017.


Attorney(s) appearing for the Case

Mary Jo Shaney , of White Goss, a Professional Corporation, of Kansas City, Missouri, argued the cause, and James C. Bowers, Jr. , Daniel P. Goldberg , and Bryant E. Parker , of the same firm, were with her on the briefs for appellants/cross-appellees.

Thomas V. Murray , of Lathrop & Gage LLP, of Overland Park, argued the cause, and Mark A. Samsel , of the same firm, was with him on the briefs for appellee/cross-appellant.

Athena E. Andaya , deputy attorney general, for amicus curiae Office of Kansas Attorney General.

John A. Donley , of Devine and Donley, LLC, of Topeka, for amicus curiae National Federation of Independent Business Small Business Legal Center.

Lucas Bell , of Topeka, for amicus curiae Kansas Association of Realtors.


In 2010, the City of Mission passed a Transportation User Fee (TUF). The TUF is assessed on all developed real property based on a formula that attempts to estimate the number of vehicle "trips" a particular property generates. The revenue raised by the TUF, according to the enacting ordinance...

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