FAQs: Frequently Asked Questions

No. The City requested a formal legal opinion from the District Court. In order to do this, they must name defendants. The City’s filing named the Johnson County District Attorney’s office and the Kansas State Attorney General’s office as defendants because they are the only parties legally able to challenge the City’s position that this City-owned property is not subject to a public vote under this State law cited by the petitioners. 

On October 12, 2023, City Council voted 5 -1 to approve Karbank’s plan for a mixed-use development at 50th and Rainbow. The vote followed seven months of public engagement with Westwood residents about the proposal. Resident feedback led to significant changes in the original design, including a reduction in commercial square footage, changes in color scheme and the preservation of trees. The proposal now calls for a mix of retail and office buildings and a 3.8 acre park, which will replace the current Joe D. Dennis Park, which is less than one acre. More information about the development can be found here.

On December 12, 2023, a petition was submitted to the City of Westwood requesting a public vote on the proposal to sell the land currently housing Joe D. Dennis Park to Karbank, a private developer. The petition cited K.S.A. 12-1301, a statute that requires municipalities to publish a public notice of sale for park land, claiming that the City did not follow the process required in this statute. 

Although the City does not agree that State law applies in this case, officials published two public notices of sale – on Nov. 7 and Nov. 14 – in order to obtain title insurance for the property sale in the face of litigation threats. In other words, the petition – as well as the threat of litigation against the City from the attorney representing the petitioners – greatly damaged the City’s ability to obtain title insurance for the sale of the property and so, to mitigate that risk, the City decided to publish the public notices of sale even though officials do not believe it applies to the land at 50th and Rainbow. 

The purchase agreement for this property, along with additional property along 50th and Rainbow Blvd, was approved by Council on October 12, 2023. The purchase is set to close on or before August 1, 2024. 

In order for a petition to be placed on a ballot, State laws outlines both technical and substantive requirements. Specifically, State law mandates that the petition must specify the exact wording of the question intended for the ballot. This ensures that voters can clearly choose between voting yes or no in response. The petition submitted to the City did not include this language, leading both the City Attorney and the Johnson County Counselor’s office to deem the petition not legally allowable on a ballot. In addition to its lack of a ballot question, the petition was deemed invalid due to incorrect formatting and the petitioner's failure to adhere to State law in the submission process.

More information about what, specifically, made the petition invalid can be found here, in Resolution 125-2024, approved by the City Council on January 17, 2024 at a specially-called open meeting. 

While the City received two advisory legal opinions on the validity of the petition, it requested a formal legal ruling on three issues: (1) to decide whether the language on the petition can be placed on a ballot, (2) whether the petition is invalid for additional reasons, and (3) whether the State law cited by the petitioners applies to this particular property sale.

The Johnson County District Court ruled that the petition could not be put on a ballot because it failed to include the proposed question to be voted on and because the petition document signed by residents didn’t meet the formatting requirements set by State law. 

The City filed a motion to dismiss the appeal of the recent Johnson County District Court ruling that a petition requesting a public vote on the proposal to sell City-owned property at 50th & Rainbow Blvd. to a private developer could not be put on a ballot.

The motion to dismiss is based on numerous grounds, including:

• The Johnson County District Court ruled that the petition did not meet the necessary requirements because it failed to comply with state law in numerous respects.
• Both City legal counsel and Johnson County legal counsel also previously ruled the petition invalid.
• The Kansas Attorney General and the Johnson County District Attorney’s office—who were named as parties to the declaratory judgment action—did not disagree with the City’s positions.
• The City views the appeal as meritless and intended only to cause delay in order to taint the impending sale

The issue will not be put to a public vote and the City of Westwood can move forward with a redevelopment project at 50th and Rainbow once the appeal is resolved. The City has an agreement with Karbank to build four multi-story, mixed-use buildings as well as a nearly four-acre park on the site. The City and Karbank will work together in the coming weeks to complete the sale and purchase of land, which is set to close on or before August 1, 2024.

This spring, the City will launch a citizen survey aimed at better understanding residents’ vision for the future of Westwood. City officials will use the feedback to shape a Governing Body strategic planning process. 

The City has developed a park planning steering committee to guide officials on plans for Westwood’s greenspace. This group is set to begin meeting in early March and broader public engagement on the park design is planned for Fall 2024.

Residents are encouraged to sign up for the City newsletter via this link to receive notices and updates.