Leawood, Kan. – September 8, 2022: Rouse Frets White Goss attorneys, Greg Musil and Brett Randol, served as amicus counsel in achieving a favorable Kansas Supreme Court decision in Olathe v. City of Spring Hill. In the case, the Supreme Court affirmed a Johnson County District Court ruling that an Annexation Agreement between Olathe and Spring Hill was unenforceable. The law firm represented an affected property owner, as amicus curiae, before the Supreme Court.
The firm’s client owns property underlying the annexation dispute between the City of Olathe and the City of Spring Hill. A 2006 Annexation Agreement between Olathe and Spring Hill purported to restrict the ability of either city to annex property outside of the areas assigned to each city. The client’s land was in Olathe’s claimed territory under the agreement. In 2021, the client petitioned Spring Hill for annexation to facilitate a planned development of a Carvana storage, maintenance and repair facility on the property. Olathe objected and sued to stop Spring Hill’s annexation.
The Johnson County District Court determined the Annexation Agreement was an unlawful attempt by the 2006 city councils of Spring Hill and Olathe to bind future governing bodies to policy determinations and restrain their future exercise of legislative powers, including the power to annex. Olathe appealed and the case was heard by the Kansas Supreme Court.
The law firm filed an amicus brief on behalf of the property owner and in support of Spring Hill urging the Supreme Court to affirm the District Court’s decision. In a significant decision regarding municipal law, the Supreme Court rendered its opinion holding the Annexation Agreement was unenforceable. Greg Musil and Brett Randol represented the landowner in its successful effort.
About the Firm’s Litigation Groups:
Rouse Frets White Goss Gentile Rhodes offers sophisticated representation to its litigation clients in several subject areas. The firm’s litigation teams have a national reach with collective career experience in more than 40 states and eight federal circuits including over 500 bench and jury trials. Greg Musil and Brett Randol have substantial experience in commercial litigation in federal and state courts along with dispute resolution.
About the Law Firm:
Rouse Frets White Goss Gentile Rhodes is a leading Kansas City firm with a national reach. For more, visit www.rousepc.com.
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