Special to The Gardner News
Miami County filed a motion to dismiss the residents’ appeal for the city of Golden on Nov. 12.
The county said petitioners had failed to provide the specified bond amount for their appeal.
The county’s appeal was filed by attorney Doug Patterson with The Property Law Firm of Overland Park in Miami District Court.
The county commission voted 3-1 against incorporation of Golden at its Oct. 13 meeting after months of weekly informational sessions. An unanimous vote was required for incorporation. Tyler Vaughan, commissioner, voted for the incorporation.
Jennifer Williams, petition organizer, and Charles Koch, Golden supporter, are listed as the main plaintiffs for the appeal.
The plaintiffs paid $100 and contested the $5,000 bond the county is requiring to accompany the petition to appeal.
The petitioners said the large bond appears to be designed to discourage the appeal from being filed.
The motion to dismiss was filed Nov. 15 by Shelley Woodard, county counselor, on the county’s behalf and states K.S.A. 19-223 requires the appeal to be filed with a bond with sufficient security that is approved by the clerk of the board.
The motion to dismiss states: “The clerk informed the petitioners that a bond of $5,000 cash or surety was sufficient. The petitioners provided a $100 cash bond after being informed of the sufficient bond amount.”
There is no information clarifying why the bond was set at $5,000. State statute K.S.A. 19-223 does not specify the bond amount.
Woodard said she could not comment on ongoing or pending litigation.
The motion asks the court to dismiss the case because petitioners did not follow the statutory requirements to perfect their appeal because they failed to provide the sufficient $5,000 bond.
Williams had told the Miami Republic newspaper last month that the county is requiring a $5,000 bond to accompany her petition to appeal.
“The clerk’s office was instructed not to accept my petition to appeal if it did not include a $5,000 bond or $5,000 check,” Williams said. “Our attorney said this amount was unreasonable and a nominal amount of $100 is all that is usually charged. The large bond appears to be designed to keep us from filing an appeal.”
Williams had said she was hopeful a judge would agree to require a smaller bond.
Supporters had been trying to raise funds for legal expenses.
Williams originally filed a petition on April 9 requesting an incorporation of approximately 9 square miles north of Hillsdale Lake into a city named Golden to block intermodal warehouses from the city of Edgerton encroaching into Miami County.
They hoped to keep Edgerton’s intermodal warehouses known as Logistics Park from being built on land used for rural residential living and agriculture.
NorthPoint Development and Edgerton has been annexing land the last few years for the industrial park.
Miami County Commissioners held a four and a half hour public hearing June 23 to hear citizen input about the formation of Golden, Kan.
Nearly 300 people had signed the petition wanting to establish a new nine square mile third class city named Golden that would lie north of Hillsdale Lake in Northern Miami County next to the Johnson County border with approximately 770 residents.
Commissioners had received input from county officials, the sheriff, public works director and county appraiser, state officials, public input and more during weekly study sessions over the summer.
Commissioners voted at their October 27 meeting to approve a resolution adopting the order denying incorporation of the proposed city.