City of Lenexa v. City of Olathe

The opinion of the court was delivered' by

Herd, J.:

This is an appeal from the trial court’s order granting summary judgment in favor of the city of Olathe with regard to an annexation controversy.

This is our third look at this case. The facts are undisputed. Pursuant to a petition from David Miller requesting his property be annexed to the city, on June 4,1979, the city of Olathe passed Ordinance No, 844 annexing the property. Miller’s petition described the property as follows;

“The East half of the Northwest quarter of Section 18, Township 13 South, Range 24 East, Johnson County, Kansas.”…