It is time for the Kansas Attorney General Derek Schmidt to man up and do the job he was elected to do.
The city of Edgerton has violated Kansas Statute 12-520 (g).
(g) 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 city of Edgerton annexed 600 acres in Johnson County, Kansas on December 17, 2020 based on the annexation of a single narrow corridor on the east side of Gardner Road. Furthermore, Kara Banks, representing the City of Edgerton, placed a false public notice on December 25, 2020 regarding this annexation. “No development plans at this point,” said Kara Banks ,public information officer. “This is just the annexation .Any rezoning of the property has statutory requirements for notification and public hearings.”
The 600 acres illegally annexed are owned by shell companies of Northpoint Development. The company applied and paid for rezoning permits on December 11, 2020 to the City of Edgerton with the expressed intent of building large scale warehouses. The hearing for the annexations was not held until December 17, 2020.
So many residents affected by this illegal annexation and subsequent rezoning went to meetings and hearings held by the City of Edgerton protesting this action. However, the city, with disregard to residents approved the illegal annexation and subsequent rezoning. When many of these residents contacted the Kansas Attorney General Derek Schmidt regarding this action, he basically said it’s not my job. Get a private lawyer and file a lawsuit. This was done. On June 7, 2022, in case #21CV02184 against the city of Edgerton, Judge Vano said this was clearly an illegal annexation and a violation of the statute but the statutes do not give him authority to give us standing, (the right to bring a lawsuit).” Therefore, it is up to the Kansas Attorney General to enforce the Kansas Statutes. Not only did Kansas Attorney General Derek Schmidt initially deny acknowledgment of his power to handle this matter, he cost the taxpayers money and tied up the court system by forcing the residents to file a lawsuit only to have the courts rule that it is his job to pursue the de-annexation of the property in question. Many residents affected by this ruling have written recently to the Attorney General to file an official complaint and asked that this be investigated and have been rejected by that office saying the correct form was not used.
To the Kansas Attorney General Derek Schmidt: it is inherent that you protect the elected citizens of Kansas and investigate and pursue this illegal action taken by the City of Edgerton. How can you possibly think the citizens will believe you will make an appropriate Governor if you don’t uphold all the laws of the state?
Spring Hill KS