Judge rejects request to stay annexation
The first round of the court battle over the annexation of 1,300 acres into Lansing goes to the city.
Leavenworth County District Judge Robert Bednar last week turned down a request for an injunction sought by two residents of the annexed area, Herman Visocsky and Mark Strein.
The two sought to have the judge issue a stay of the annexation - in essence reverse the annexation and stop city services in the annexed area - until the full case was decided.
The city and Leavenworth County Commission, which is the defendant in the lawsuit, argued the plaintiffs would not suffer irreparable harm if the annexation remained in place during the course of the court case. In addition, they noted that just two of the 214 property owners in the annexed area had sued. Further, they said granting the injunction could disenfranchise the residents, who are eligible to vote in this spring's city elections.
Bednar again will consider the injunction at a hearing Jan. 3; the full case is expected to be heard sometime in February.
The lawsuit filed Dec. 9 challenges approval of the annexation by the Leavenworth County Commission. The case originally was assigned to District Judge David King, but it was reassigned to Bednar.
Annexation of the land along both sides of Kansas Highway 7 to the Leavenworth-Wyandotte County line went into effect Nov. 29.
Visocsky and Strein, in court papers, claim a 30 percent increase in property taxes incurred by annexation is not worth the increased services they will receive for being in the city.