Home Builders Ass'n v. City of Overland Park

Brazil, C.J.:

This case arises out of three ordinary ordinances and one charter ordinance enacted by the City of Overland Park (the City). Essentially, the four ordinances impose an excise tax to be paid by those who apply for plat approval and recordation in the City. The tax is $0.10 for each square foot of land included within the plat. The stated purpose of the tax is to provide funding for the construction of thoroughfare improvements within the City.

The Home Builders Association of Greater Kansas City, along with numerous developers and private landowners, filed suit seeking to declare…