Archive for Thursday, November 13, 2003

Judge rules in favor of Basehor in civil lawsuit

November 13, 2003

Judge David King ruled in favor of the city of Basehor Wednesday, Nov. 12 in Leavenworth County District Court.

The civil lawsuit filed against the city by Cedar Lakes residents Gary and Artie Wells, alleged the city acted "unreasonable" in approving a rezoning request for the Pinehurst development in February.

Pinehurst is a 98-acre commercial, retail and residential development located south of U.S. Highway 24/40, across from the Basehor Town Square.

During the February rezoning hearing, residents of Cedar Lakes and Briarwood, another nearby subdivision, voiced objection to Pinehurst plans of building a 248-unit apartment complex. Residents claimed the apartment complex would negatively impact their property values and quality of life.

Called into question during the civil case was whether the city acted reasonably in approving the rezoning and if City Council president Julian Espinoza, who performed as interim mayor during the hearing in question, could retain his voting rights.

On Wednesday morning, judge King ruled in favor of the city on both.

King said the City Council president does retain voting rights when standing in for the mayor and that the city's decision to approve the rezoning was within reason.

A mediation session earlier this month to prevent the lawsuit from going to court did not prove successful.

Oral arguments by Thompson, Pinehurst attorney Dan Trent and the Wellses' attorney, Pete Heaven, took place Wednesday in court.

The Wellses have the option to appeal the court's decision.

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