Update 8/31/2023 - A Johnson County District Court Judge has heard oral arguments regarding all three petitions. The judge indicated she anticipates a ruling by early next week.  

Update 8/30/2023 - On August 30, a Johnson County District Court Judge heard oral arguments regarding the two form of government petitions. The rezoning petition will be heard before the same judge August 31 at 9:30 a.m. in Division 4. The judge indicated she anticipates a ruling by early next week. 

Update 8/29/2023 - Johnson County District Court has scheduled a hearing for August 30 in Division 4 from 10:30 a.m. -12:00 p.m. concerning three petitions filed with the City and County earlier this month. 

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On August 1, 2023, three petitions regarding zoning matters and the City’s form of government were filed with the City and with the Johnson County Election Office.  On August 14, the Election Office determined the petitions had enough resident signatures to meet state statutory standards, but expressly stated that it made no determination as to the “legal sufficiency” of the petitions such that they could or should be placed on a ballot for election.

On August 16, and in open session, the Prairie Village City Council voted unanimously to have the City Attorney ask a court to decide whether the three petitions submitted to the City comply with state law and thus could be placed on a ballot.

City officials are required, by sworn oath, to uphold the law. With certain exceptions, state law generally governs and places limitations on any City Council decisions in matters such as those raised by the petitions. In different ways, County and City attorneys have determined that aspects of the petitions do not comply with state law, due to multiple substantive and technical violations.

To resolve these issues once and for all, the City is seeking a declaratory judgment on whether the petitions meet those statutory requirements. Because Kansas courts do not issue advisory opinions, the City must name one or more defendants who are expected to defend the legality of the petitions. The City is not seeking monetary damages from anyone, nor is it seeking a ruling that any signatories to the petitions acted illegally in signing the petitions.

Additional information, including the petitions, are posted on the City’s website here.

An FAQ can be found here.

The responses from the Election Commissioner can be found here.

The legal paperwork that the City filed with district court can be found here.

To the extent it is able, the City will share information about what happens next and the anticipated timeline of this legal action.  To stay informed, sign up for news alerts here.