Dillon Real Estate Co. v. City of Topeka

The opinion of the court was delivered by

Nuss, J.:

This case arises out of the City of Topeka’s efforts to unilaterally annex property pursuant to K.S.A. 12-520. The property is located within both the Mission Township and the Sherwood Improvement District, a district created by Shawnee County pur suant to K.S.A. 19-2753. Dillon Real Estate Co., Inc. (Dillon) owns part of the annexed property.

The City’s attempt greatly relies upon consents to annexation filed by Dillon’s predecessors approximately 8 years earlier. Dillon, however, did not consent. Along with the improvement district and the…