City of Lenexa v. City of Olathe

The opinion of the court was delivered by

Prager, J.:

The original opinion in the case was handed down on December 6, 1980, and reported in 228 Kan. 773, 620 P.2d 1153 (1980). The plaintiff-appellant, City of Lenexa, filed a motion for modification or rehearing. The motion did not challenge the court’s determination of the legal issues presented in the case but pointed out that the court in the opinion had erroneously assumed the facts in the case were undisputed, whereas, in fact, the plaintiff had raised factual contentions in its amended petition which, if true, would justify a reversal of…