Board of County Commissioners v. City of Mulvane

227 P.3d 997, 43 Kan. App. 2d 500, 2010 Kan. App. LEXIS 33
CourtCourt of Appeals of Kansas
DecidedMarch 26, 2010
DocketNo. 101,975
StatusPublished
Cited by1 cases

This text of 227 P.3d 997 (Board of County Commissioners v. City of Mulvane) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of County Commissioners v. City of Mulvane, 227 P.3d 997, 43 Kan. App. 2d 500, 2010 Kan. App. LEXIS 33 (kanctapp 2010).

Opinion

Caplinger, J.:

In this appeal by the City of Mulvane (the City) and John and Beth Brewer (the Brewers), we consider a challenge by the Board of County Commissioners of Sumner County (the Board) to the validity of several ordinances passed by the City with the consent of landowners pursuant to K.S.A. 2009 Supp. 12-520(a)(7). The Board challenged the ordinances, which annexed a [502]*502100-foot wide, 5-mile-long strip of land connecting the City to a proposed casino site, through a declaratory judgment and quo warranto action. The Board claimed the ordinances were unlawful because the City circumvented K.S.A. 12-520c, which governs “island annexations” or annexations of land not adjoining the City and required Board approval.

The Brewers, two of several landowners who consented to the annexation of their land, intervened in the action. Following pretrial discovery, the Board and the City filed cross-motions for summary judgment. The district court concluded the Board had standing to challenge the ordinances and the ordinances were void. The court thus granted the Board’s summary judgment motion and denied the City’s motion. The City and the Brewers appeal the district court’s orders.

Because we hold tire district court erred in finding the Board had standing to challenge the City’s annexations, we reverse the district court’s orders granting the Board’s motion for summary judgment and denying the City’s motion for summary judgment and remand this case to the district court with directions to enter an order of dismissal in favor of the City due to the Board’s lack of standing and subject matter jurisdiction.

Factual and Procedural Background

The material facts in this case are undisputed. Following the passage of the Kansas Expanded Lottery Act (KELA), see K.S.A. 2009 Supp. 74-8733 et seq., Sumner County voters approved a resolution to permit the Kansas Lottery to operate a casino in Sumner County.

Under the KELA, before a casino management contract can be approved by the lottery commission, the casino developer must obtain, inter alia, “a resolution of endorsement from the city governing body, if the proposed facility is within the corporate limits of a city, or from the county commission, if the proposed facility is located in the unincorporated area of the county.” K.S.A. 2009 Supp. 74-8734(h)(10).

The Board accepted proposals for casino management contracts for facilities located in unincorporated areas of Sumner County [503]*503from four developers: MGM Grand, Harrah’s, Penn Sumner LLC, and Marvel Gaming LLC. MGM Grand and Harrah’s proposed casino sites in the northern half of Sumner County near the Mulvane exit on the Kansas Turnpike, Exit 33. Penn Sumner and Marvel Gaming proposed sites more centrally located within the county, near the Wellington turnpike exit, Exit 19. The Board endorsed the casino proposals from Penn Sumner and Marvel Gaming, but it did not endorse MGM Grand’s and Harrah’s proposals.

After fading to receive the Board’s endorsement, Harrah’s sought an endorsement from the City. However, Harrah’s proposed casino site was not within city limits. To remedy this problem, several interested landowners petitioned the City to annex portions of their land, which when annexed would comprise a 100-foot-wide, 5-mile-long strip of land connecting the City to the proposed casino site.

In response, the City enacted Ordinance No. 1268, annexing the strip of land and the proposed casino site pursuant to K.S.A. 2009 Supp. 12-520(a)(7). That statute permits a city to annex land if the land adjoins the city and the landowners petition for or consent to the annexation. The City later enacted Ordinance No. 1268 (corrected) to correct minor errors.

The Board reacted to the City’s attempt to annex the land by filing a declaratory judgment and quo warranto action against the City, its mayor, and council members (collectively the City) in Sumner County District Court, No. 2008CV24. In its petition, the Board alleged, inter alia, that Ordinance Nos. 1268 and 1268 (corrected) were void because the City unlawfully exercised its public office by proceeding under the authority of K.S.A. 2009 Supp. 12-520(a)(7) instead of K.S.A. 12-520c. K.S.A. 12-520c governs annexation of land not adjoining a city, commonly known as “island annexation,” and requires board of county commissioners approval. The Board also asserted that the annexation was unlawful because an unannexed portion of land owned by the Kansas Turnpike Authority (KTA) caused a “break” in the contiguity of the strip between the City and the casino site. John and Beth Brewer (the Brewers), two of the consenting landowners, intervened in the case.

[504]*504The City moved to dismiss the Board’s action, arguing the Board lacked standing to challenge the annexations and the City substantially complied with the annexation statutes. Additionally, in response to the allegation raised by the Board concerning the land owned by the KTA, the City enacted Ordinance No. 1271, annexing the turnpike Exit 33 interchange and limited surrounding KTA property, with the consent of the KTA and other landowners.

The Board responded by amending its petition to additionally challenge the validity of Ordinance No. 1271. The City then filed a second motion to dismiss, maintaining the Board lacked standing to challenge Ordinance No. 1271. The Brewers also moved to dismiss, essentially adopting the City’s arguments.

During the hearing on the motions to dismiss, the district court agreed that the Board’s standing was at issue, but it concluded resolution of this issue depended upon whether the City properly annexed the land under K.S.A. 2009 Supp. 12-520(a)(7). The court opined that Ordinance Nos. 1268 and 1268 (corrected) could be procedurally defective because only the first strip of annexed land adjoined the City at the time the original ordinance was passed and because the City annexed several “lands” in one ordinance rather than several “tracts.” The district court concluded the annexations could constitute “an improper island annexation,” which the Board would have standing to challenge, and denied the motions to dismiss.

In response to the district court’s ruling, the City enacted Ordinance Nos. 1275 through 1300, essentially reannexing the same 100-foot-wide, 5-mile-long strip of land one parcel at a time, including KTA property and the proposed casino site.

The Board reacted by filing a second declaratoiy judgment and quo warranto action in Sumner County District Court, No. 2008CV63, challenging Ordinance Nos.

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Related

Board v. CITY OF MULVANE
227 P.3d 997 (Court of Appeals of Kansas, 2010)

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Bluebook (online)
227 P.3d 997, 43 Kan. App. 2d 500, 2010 Kan. App. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-county-commissioners-v-city-of-mulvane-kanctapp-2010.