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Kansas Attorney General Kris Kobach Upholds Kansas Law by Filing Illegal Annexation Case Against the City of Edgerton

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Kansas Attorney General Kris Kobach Upholds Kansas Law by Filing Illegal Annexation Case Against the City of Edgerton

Article by FreeState.net:  [My comments appear in brackets]

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[So the cities are operating free of citizen's preferences as essentially the only 'stakeholders' who count. Well, we'll see about that!.]

Residents in southwest Johnson and northwest Miami counties are rejoicing today over the recent filing by the Attorney General’s office. They have worked hard for the past 2-1/2 years to prove what they knew to be the truth – that the City of Edgerton had worked on behalf of their largest developer to illegally annex nearly 700 acres into their city limits so that they could immediately rezone it to industrial against the wishes of all homeowners.

SA 12-520(7) allows cities to annex land into their city limits at the request of property owners with no public hearing or approval from neighboring residents required. This is what is known as a consent annexation. In order to do this, the property has to be touching the existing city limits.

[But it clearly ISN't !].

What happens if the property is not touching but the developer and the city want to find a way to make it contiguous? In the case of the December 2020 illegal annexation, the developer (and possibly representatives from the City of Edgerton) convinced Johnson County to illegally subdivide a “narrow corridor” to get them across Gardner Road to access a small parcel they purchased that was contiguous. (the southeast corner of property 1 above)

What causes a consent annexation to be considered illegal?

KSA 12-520(g) states: “No city may utilize any provision of this section to annex a narrow corridor of land to gain access to noncontiguous tracts of land. The corridor of land must have a tangible value and purpose other than for enhancing future annexations of land by the city.

The below calendar describes the order of events in a simple visual. The narrow corridor was divided by the Johnson County planning and zoning in an unprecedented maneuver that was historically not consistent with other subdivisions. It was divided from a tract of land that was not even for sale (top right corner of calendar below,) but the developer was purchasing the west 40 acres on that picture and they convinced the property owner of both parcels to divide a small section across the bottom of the east parcel.

Johnson County subdivided it and added to the 40-acre tract to the west of it. This gave the purchaser, Treadstone Acquisitions (another NorthPoint Development affiliate,) the path they needed to get across Gardner Road by having contiguous land between it and another property they purchased on the same day. (properties 1 & 2 on the map above)

The City of Edgerton agreed to annex this newly-created parcel and the contiguous parcel on the east side of Gardner Road at their December 10, 2020 meeting. This all happened the same day the developer purchased the property. That’s not abnormal or anything. At the end of that meeting, Mayor Don Roberts called a special meeting for the following week on December 17th but did not disclose the topic.

The next day, NorthPoint Development applied for rezoning on 7 properties, totaling nearly 700 acres, that were originally non-contiguous to the original city limits but that were now contiguous with the illegal annexation. (properties 3-9 on the above map) Oddly enough, these parcels were not even in the city limits at the time of the rezoning filing on December 11, 2020, so why would NorthPoint be requesting rezoning to logistics parks from the City of Edgerton for land in the boundary of unincorporated Johnson County?

That was answered at that special meeting the following week when all 7 properties were annexed into the city limits. The city, county, and developer had all been working in cahoots to get the nearly 700-acres out of requiring a county hearing for rezoning and into the jurisdiction of the city who was poised to rubber stamp the project.

[So Johnson County Commissioners are caught with their pants down. This is how globalism works to subvert the country. Crooked developers are bypassing the law for control and profit ].

Imagine the residents’ surprise when they were served notices of the rezoning on Christmas Eve 2020. Although only those within 1/2 mile received the notices, an industrial park in the middle of 117 homes within that half-mile radius would negatively affect a community spanning nearly 20 square miles on both sides of the county line.

The citizens were outraged, trying to understand how Edgerton even had authority in the community that was always considered to be South Gardner. Especially since the original intermodal plan with neighboring communities had forbidden any intermodal development south and east of I-35 in the conservation area for the Hillsdale Watershed and the rural residential community.

So homeowners quickly united and formed a community group, Protect Rural JoCo, LLC, in order to organize their efforts and “fight city hall.” Meetings were held, research was done, and teams were created to get the most amount of impact in a short amount of time, prior to the January 2021 planning commission meeting. It was quickly discovered that although NorthPoint Development and the City of Edgerton were members of that 2013 Southwest Intermodal Plan that forbid development in the area for the developer’s competition, NorthPoint used that unfair competitive advantage by sending real estate agent, Dan Knight, to strategic properties beginning in 2014 that the developer needed in their contiguous land map to move south and east of I-35 for the expansion of their LPKCI into LPKCII. The story is the same amongst many of the sellers, that the agent convinced homeowners to sell for “large lot subdivisions” that they were going to build so others could enjoy rural living.

READ MUCH MORE at https://freestatenews.net/local-issues/kansas-attorney-general-kris-kobach-upholds-kansas-law-by-filing-illegal-annexation-case-against-the-city-of-edgerton/

 



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