Kris Kobach sues the City of Edgerton over the “illegal annexation” of nearly 700 acres

EDGERTON, Kan. —Kansas Attorney General Kris Kobach is suing the City of Edgerton over a major land dispute in southern Johnson County.

The lawsuit claims in 2020 Edgerton violated state statue by illegally annexing nearly 700 acres into the city limits by means of a “narrow corridor.” 

Annexation breakdown

In Dec. 2020, the Edgerton City Council approved an ordinance to annex land from the unincorporated portion of Johnson County into the city limits. This annexation included 40 acres near 199th St. and Gardner Road, and an adjoining 6.9 acre segment on the west side of Gardner Road. 

The following week, during a special city council meeting on Dec. 17, the council voted to annex seven additional pieces of land on the east side of Gardner Road between 199th St. and 215th St., and Gardner Road to Moonlight Road. 

Prior to the request for annexation, the land in both cases was purchased by various LLC’s affiliated with NorthPoint Development.

Kobach argues the city used the first annexation to illegally access property on the other side of Gardner Road, creating a “narrow corridor”. 

State statute prohibits the use of a “narrow corridor” of land to gain access to noncontiguous tracts of land. According to statute, the annexation must “have a tangible value or purpose other than for enhancing future annexations of land by the city.”

In 2021, a group of rural Johnson County homeowners filed a lawsuit challenging Edgerton’s annexation practices. Last June, a Johnson County District Judge ruled that the neighboring property owners didn’t have the legal standing to challenge Edgerton’s annexation and that only the City of Edgerton, the property owner or the state Attorney General has the ability to challenge the annexation. 

The lawsuit requests the land be restored to its previous unincorporated status.

In response to Kobach’s lawsuit, the City of Edgerton sent FOX4 the following statement: 

“The City of Edgerton believes the facts of this case will show the annexation to be legal and look forward to presenting the case to the court.  The property owner voluntarily requested annexation into Edgerton in late 2020, which was granted.  We strongly deny accusations that any illegal or inappropriate actions were taken in this case.”