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Court of Appeals weighs in on petitions

Post Date:03/11/2025 9:28 AM

On March 7, 2025, the Kansas Court of Appeals upheld earlier opinions by the Johnson County District Court on all three of Prairie Village petition issues brought before the court in 2023. 

On September 15, 2023, a Johnson County District Court Judge ruled that two of three petitions submitted to the city and county in August 2023 – a “rezoning petition” and an “adoption petition” – may not be placed on a ballot. The courts held that the rezoning petition is "administrative" and, as such, is invalid as a petition under Kansas law. The courts also held that the adoption petition—which would have immediately eliminated positions on the city council and purported to adopt a mayor-council-manager form of government—was not in compliance with the requirements of Kansas law and cannot be placed on the ballot. 

The courts held that the “Abandonment Petition”— which purports to abandon the city’s current mayor-council form of government — did substantially comply with statutory procedures and, therefore, is eligible to be placed on a future ballot.

While the Appellate Court confirmed that the abandonment petition should be placed on a future ballot, the city is working to clarify next steps. The ruling can be read in it's entirety at pvkansas.com/2023petitions. 

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