City of Lenexa v. City of Olathe

The opinion of the court was delivered by

Prager, J.:

This is an action in the nature of quo warranto, declaratory judgment and injunction, brought by the city of Lenexa, attacking the annexation of certain lands in Johnson County by the defendant, city of Olathe. The city of Olathe filed a motion to dismiss the action on the ground that the city of Lenexa lacked standing to maintain the action. The district court sustained the motion to dismiss, holding that an action challenging the annexation of land by a city can only be brought by the state through the attorney general or the district…