Briefs written by City and Shawnee Citizens will help inform
Judge's decision.
City argues "just trying to delay" as Shawnee Citizens argue safety,
community interest, and responsible development.
Oral arguments were presented to Judge Sutherland on August 30, and the
two factors the Judge seemed most interested in were the State law that
states a city should not allow historic property to be destroyed without first
checking with the State Historic Society; and the known flooding problems in
the City of Shawnee. The argument for community benefit seemed to center
on the developer, Darol Rodrock, making more money with a change in the
zoning. Shawnee Citizens argued that the larger lot development would
allow large homes, and the developer's interest in reducing the lot sizes
increased the amount of water concerns. The historical point was dismissed
by the City attorney, Marvin Rainey, as being insignificant since the Corps
of Engineers would deal with that, however Judge Sutherland was very
interested in hearing the definition and application of the State law.
Shawnee Citizens presented arguments in January 23, 2006 testimony that
the State law did apply. The Judge will rule on the difference of opinions.
See meetings for updated information discussions.
Hearing will allow Judge Sutherland to hear arguments that
Shawnee Citizens experts assembled.
The briefs will be prepared over the summer to allow a Johnson County
judge to decide if the zoning change and development approval was
reasonable. Shawnee Citizens thought the judge was clear - he wanted the
City Council to consider expert testimony first. After a "status conference"
was held in April, and the City again argued that the expert testimony is only
needed if Judge Sutherland doesn't think the record was adequate, Judge
Sutherland replied "why would I request the City to hear it first if that wasn't
the case?". Part of the City's argument is expected to be that the expert
testimony should not be allowed. Now each side is working to present their
case.
Let the Mayor know you feel by sending a letter.
February update!
City Council sets agenda item. This will allow a response to presentation
of testimony from the January 23 meeting, and will determine the next step.
If the City Council sends this back to the Planning Commission, then the
Judge will not have to rule on the lawsuit. Stay tuned.
Earlier: City Council Meeting January 23
To satisfy the judges order, the City Council has set January 23 as the date
to hear the testimony from Shawnee Citizens experts. Plan on attending
7:30 pm Shawnee City Hall. News articles:
1 (Dispatch) 2. (KC Star)
November 15 - Judge rules in Shawnee Citizens favor!
Shawnee citizens group wins victory as Johnson County
judge requires the city to take additional testimony from
experts on the Shawnee Kenneth Smith property development
proposal which they initially refused to hear
Complete new release Here: News release
In a pre-trial ruling on November 15, Johnson County Judge Thomas
Sutherland agreed to allow Shawnee Citizens for Responsible Development
the ability to present additional expert testimony before the City Council
related to the Kenneth Smith property. The date has not yet been set by
the City Council. Time time will be posted as soon as it is available.
The legal challenge brought by its citizens against Shawnee has boiled
down to whether or not the city was reasonable in changing the zoning
without hearing testimony from citizens who asked for additional time to
bring their experts in to testify. The November 15, 2005 ruling from Judge
Sutherland agrees with the plaintiffs that the City should have allowed more
time in order for the citizens to properly testify.
What does Shawnee Citizens for Responsible Development want?
- We want Responsible Development in Shawnee, that will not burden the
citizens with taxes that are levied because of poorly planned developments that
leave water problems.
- We believe the Government is for the people, and by the people, and should
not be partial to developers whims over citizens rights.
- We want a City Council to listen to citizen concerns about developments, and
verify BEFORE DEVELOPMENT CHANGES ARE APPROVED that the citizens can
be addressed.
- We think that developers should preserve and reflect the character and history
of Shawnee in their development plans and be responsible for the results of
the poorly planned development without adding taxes for citizens to fix at a later
date while the developer counts their profits..
Directions for
additional comment
here: Public
Comment request
additional comment
here: Public
Comment request
| Shawnee Dispatch article describing request for Public Comment: |
PUBLIC MEETING COMPLETED on OCTOBER 6TH Corps reviewed comments. Should the
historic home be saved? Would you like to see a park to preserve the golf course?
Write a letter and let them know. No Deadline now, but get comments is as soon as
possible (go to the "Corps Information" tab to find out more!)
HISTORICAL SOCIETIES WEIGH IN ON WHAT BUILDINGS SHOULD BE PRESERVED -They RECOMMEND 29 LOTS
BE REMOVED to protect home, and the factory
historic home be saved? Would you like to see a park to preserve the golf course?
Write a letter and let them know. No Deadline now, but get comments is as soon as
possible (go to the "Corps Information" tab to find out more!)
HISTORICAL SOCIETIES WEIGH IN ON WHAT BUILDINGS SHOULD BE PRESERVED -They RECOMMEND 29 LOTS
BE REMOVED to protect home, and the factory
Shawnee lists
Kenneth Smith
home as one of
the top 12 sites
for
Sesquicentennial
see October
picture here
Kenneth Smith
home as one of
the top 12 sites
for
Sesquicentennial
see October
picture here
Although the
Planning
Commission and
the City Council
had approved a
plot plan that
would eliminate the
Garrett House and
Kenneth Smith
home, the
Sesquicentennial
Committee has
selected the home
as one of the 12
sites to be
recognized for the
150th year
calendar for the
City of Shawnee.
This recognition
supports the
Shawnee Citizen
opposition to the
development, and
affirms the request
for the City Council
to reconsider their
zoning action and
development
approval.
Planning
Commission and
the City Council
had approved a
plot plan that
would eliminate the
Garrett House and
Kenneth Smith
home, the
Sesquicentennial
Committee has
selected the home
as one of the 12
sites to be
recognized for the
150th year
calendar for the
City of Shawnee.
This recognition
supports the
Shawnee Citizen
opposition to the
development, and
affirms the request
for the City Council
to reconsider their
zoning action and
development
approval.
Who is Shawnee Citizens for Responsible Development?
We are a self funded group of citizens who have organized as a citizen voice since we feel our
local government does not provide for the voice of Shawnee citizens. Our attempt is to provide a
mechanism to have balanced logical discussions in the approach to development, that balances
existing neighborhoods and surrounding neighbors with future plans for developments. If this
means appealing Shawnee City Council decisions to a Johnson County court in order to have a
fair hearing, we will do so. Our preference though is to resolve issues though the normal process.
Mainly, to approach the city staff and city government with our concerns in the hopes that they
will respond appropriately with a means to allow our concerns to be addressed before any
development action is approved.
We are a self funded group of citizens who have organized as a citizen voice since we feel our
local government does not provide for the voice of Shawnee citizens. Our attempt is to provide a
mechanism to have balanced logical discussions in the approach to development, that balances
existing neighborhoods and surrounding neighbors with future plans for developments. If this
means appealing Shawnee City Council decisions to a Johnson County court in order to have a
fair hearing, we will do so. Our preference though is to resolve issues though the normal process.
Mainly, to approach the city staff and city government with our concerns in the hopes that they
will respond appropriately with a means to allow our concerns to be addressed before any
development action is approved.
PUBLIC MEETING SCHEDULED - OCTOBER 6TH - 2:00 TO 5:00 PM
Corps of Engineers has scheduled a public meeting to review the environmental
issues associated with the proposed development.
(Comments on historic home will also be reviewed,)
The Corps of Engineers has scheduled a public meeting to review the environmental
impacts of the proposed development. The issues involve removing wetlands, filling in
two ponds (one is spring fed), and stormwater retention and run-off.
The wetlands removal involves placing lots and homes around an existing pond. The
development proposes this pond will be the stormwater retention basin for the
development. No proposed mitigation has been suggested. The two ponds, currently
creating a stormwater buffer, will be filled and used for roads and a home.
See the historic report here: Historic Review
PUBLIC MEETING OCTOBER 6 - 2:00 TO 5:00 PM Notice Here
Monday September 12, 2005
Judge denies Shawnee motion for Summary Judgement!
Johnson County District Court today heard oral arguments from the City of Shawnee
regarding the city's motion to dismiss the lawsuit. Citing that the attorney representing
the city failed to follow court guidelines, the judge ruled in favor of the zoning challenge
and denied the City request. The case will now go to court on December 12, 2005.
The Shawnee Citizens lawsuit challenges the Shawnee City council's decision in
changing the zoning to allow a higher density development on the former Kenneth Smith
manufacturing site. The zoning change not only allows a higher density, but less
ground to absorb water, and removes two ponds that detain water. The lawsuit was
filed in December 2004.
This is the second frivolous legal challenge from the city as they attempt to remove the
lawsuit and avoid discussing the issues; increased flooding and erosion from the loss
of ground absorbing surfaces in a tighter development.
Sherwin Epstein, who represents Shawnee Citizens in this case, explained to the judge
the exasperated condition that is created through the increased density. Shawnee
Citizens for Responsible Development has requested that the City meet with them to
address the issues of increased flooding potential from the zoning change. No
response has occurred to date.
Johnson County District Court Arguments
scheduled for Monday September 12 in the Johnson County Courthouse. PUBLIC
NOTICE OCTOBER 6 - 2PM meeting notice
Corps of Engineers to hold public meeting October 6,2005
The Kansas Preservation Alliance has informed Shawnee Citizens that the Corps of
Engineers has tentatively scheduled a public hearing on October 6, 2005. More
information will be posted as this date is confirmed.
Shawnee Citizens responds to the City's request for Summary Judgment. -August 8th
update
Shawnee Citizens filed our response on time August 8, 2005. This is in response to the
Cities request for summary judgment which the judge has allowed. If the City is going
to meet their the schedule, they have until August 19, 2005 to file a reply after which oral
argument will be heard before Judge Sutherland. The judge will hear oral arguments
on September 12, 2005. A trial is still scheduled for December 12, 2005.
The city so far has refused to respond to talk about the issues concerning the lawsuit.
In the meantime, the court date is scheduled for December 12, 2005.
Shawnee Fails to file Summary Judgment in time - July 6 update (see word document
for past updates through link at the right)
Corps of Engineers has scheduled a public meeting to review the environmental
issues associated with the proposed development.
(Comments on historic home will also be reviewed,)
The Corps of Engineers has scheduled a public meeting to review the environmental
impacts of the proposed development. The issues involve removing wetlands, filling in
two ponds (one is spring fed), and stormwater retention and run-off.
The wetlands removal involves placing lots and homes around an existing pond. The
development proposes this pond will be the stormwater retention basin for the
development. No proposed mitigation has been suggested. The two ponds, currently
creating a stormwater buffer, will be filled and used for roads and a home.
See the historic report here: Historic Review
PUBLIC MEETING OCTOBER 6 - 2:00 TO 5:00 PM Notice Here
Monday September 12, 2005
Judge denies Shawnee motion for Summary Judgement!
Johnson County District Court today heard oral arguments from the City of Shawnee
regarding the city's motion to dismiss the lawsuit. Citing that the attorney representing
the city failed to follow court guidelines, the judge ruled in favor of the zoning challenge
and denied the City request. The case will now go to court on December 12, 2005.
The Shawnee Citizens lawsuit challenges the Shawnee City council's decision in
changing the zoning to allow a higher density development on the former Kenneth Smith
manufacturing site. The zoning change not only allows a higher density, but less
ground to absorb water, and removes two ponds that detain water. The lawsuit was
filed in December 2004.
This is the second frivolous legal challenge from the city as they attempt to remove the
lawsuit and avoid discussing the issues; increased flooding and erosion from the loss
of ground absorbing surfaces in a tighter development.
Sherwin Epstein, who represents Shawnee Citizens in this case, explained to the judge
the exasperated condition that is created through the increased density. Shawnee
Citizens for Responsible Development has requested that the City meet with them to
address the issues of increased flooding potential from the zoning change. No
response has occurred to date.
Johnson County District Court Arguments
scheduled for Monday September 12 in the Johnson County Courthouse. PUBLIC
NOTICE OCTOBER 6 - 2PM meeting notice
Corps of Engineers to hold public meeting October 6,2005
The Kansas Preservation Alliance has informed Shawnee Citizens that the Corps of
Engineers has tentatively scheduled a public hearing on October 6, 2005. More
information will be posted as this date is confirmed.
Shawnee Citizens responds to the City's request for Summary Judgment. -August 8th
update
Shawnee Citizens filed our response on time August 8, 2005. This is in response to the
Cities request for summary judgment which the judge has allowed. If the City is going
to meet their the schedule, they have until August 19, 2005 to file a reply after which oral
argument will be heard before Judge Sutherland. The judge will hear oral arguments
on September 12, 2005. A trial is still scheduled for December 12, 2005.
The city so far has refused to respond to talk about the issues concerning the lawsuit.
In the meantime, the court date is scheduled for December 12, 2005.
Shawnee Fails to file Summary Judgment in time - July 6 update (see word document
for past updates through link at the right)
| Shawnee Citizens for Responsible Development “Unifying citizen concerns in the development of Shawnee’s neighborhoods” |
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See the
historic
review and
report here:
Historic Review
historic
review and
report here:
Historic Review
In a joint comment from The Kansas Preservation Alliance, The Kansas Historical
Society, and the National Trust, the Corps of Engineers heard from the historical
societies which recommended that the buildings are significant enough that they
should avoid being destroyed. The Corps is currently accepting comments on this
recommendation, as well as any other comments concerning the development,
until October 16, 2005. The comments should be addressed to Josh Marx as in the
past. The Corps Information page can be again be used in order to download a
"word" document that has the correct address in order to submit your additional
comments. See historic information on the left blue panel.
All comments are due by October 25, 2005 by email or U.S. Postal mail.
Society, and the National Trust, the Corps of Engineers heard from the historical
societies which recommended that the buildings are significant enough that they
should avoid being destroyed. The Corps is currently accepting comments on this
recommendation, as well as any other comments concerning the development,
until October 16, 2005. The comments should be addressed to Josh Marx as in the
past. The Corps Information page can be again be used in order to download a
"word" document that has the correct address in order to submit your additional
comments. See historic information on the left blue panel.
All comments are due by October 25, 2005 by email or U.S. Postal mail.
see
"Corps Information"
page to aid you in
sending a note to
the Corps of
Engineers -
LET THEM KNOW
IF YOU THINK THE
PROPERTY
SHOULD BE
PRESERVED !!!!!
"Corps Information"
page to aid you in
sending a note to
the Corps of
Engineers -
LET THEM KNOW
IF YOU THINK THE
PROPERTY
SHOULD BE
PRESERVED !!!!!
See the KPA,
KSHS and
National Trust
historic
recommendatio
n here:
Historic
recommendation
KSHS and
National Trust
historic
recommendatio
n here:
Historic
recommendation