TIMELINE OF EVENTS

There has been a great deal of activity surrounding Joe D. Dennis Park in the past two years. This is a quick glance at the timeline. For more detailed information, please investigate our Top Concerns.

March 9, 2023 – Presentation of Concept and Karbank Request for Exclusivity Agreement

The City Council heard the presentation of one sole developer regarding the former Westwood View School, the land at 5050 Rainbow and Joe D. Dennis Park. Following that presentation, the City Council entered into a “funding and exclusivity agreement” with Karbank. The City does not put out a notice for competitive bids, nor does it accept calls for competitive bids from other developers. Due diligence, schmoo diligence.

June 8, 2023 – City Enters into a Purchase Agreement with Karbank

Disregarding a Kansas Statute regarding the formal process required to sell a park, the City entered into a purchase agreement "allowing the subject properties to go under contract for both the purchase of the former Westwood View property with the Shawnee Mission School District and the sale of the City's Rainbow Blvd. frontage - including Joe Dennis Park - to Karbank."
(quote from the City's website)

According to K.S.A. 12-1301, any government entity wanting to sell park land (in this case, the City of Westwood) must first issue notice of a proposal to sell. Should a sufficient number of residents protest the sale through a protest petition, the City would need to decide whether to: 1) conduct a city-wide referendum on the proposed sale, or 2) walk away from the proposal.

July 2023 – City Sends Notices of Rezoning to Nearby Residents

Residents in Westwood who lived within 200 feet of the proposed development and residents outside of Westwood who lived within 1000 feet of the proposed development were sent letters informing them of the proposal to rezone the subject properties from R-1 (Single-Family Residential) to PD (Planned Development)

August 7, 2023 – Planning Committee Hears Comments of Residents About the Rezoning, Majority is Against

When the floor was open for public comment regarding the rezoning application, twenty citizens spoke. Though the meeting notes are not robust, they show that at least 13 of those speakers were against the rezoning.

September 11, 2023 – Planning Committee Again Hears Comments Regarding Rezoning, Overwhelming Majority is Against

When the floor was open for public comment regarding the rezoning application, twenty-four citizens spoke. Though the meeting notes are not robust, they show that at least 18 of those speakers were against the rezoning. Despite hearing the citizens' opinions, the Planning Committee approved the application to rezone the subject properties from R-1 (Single-Family Residential) to PD (Planned Development). The vote was 7-2.

October 12, 2023 – Mayor of Westwood is Notified of Kansas Requirements Regarding Park Sale, Votes to Rezone Anyway

Acting on behalf of unnamed residents, Bushyhead Law sent a letter to the Mayor of Westwood (copying members of the City Council as well as the City Attorney), informing him of the requirement of Kansas Statute 12-1301 to post notices regarding the sale of public park land. The letter suggested postponing any motions regarding the development.

The City Council ignored this suggestion and voted that night to rezone the land from R-1 Residential to PD, Planned Development.

October 19, 2023 – City is Again Notified of Kansas Statute, Claims the Park is not a Park (Really!)

After a brief discussion with the Westwood City Attorney, Bushyhead Law sent a second letter. The City was "taking the position that Joe D. Dennis Park is not City parkland...to avoid the application of K.S.A. 12-1301." The letter had multiple documents portraying how both the City of Westwood and Johnson County view the parcel of land as a park.

November 7, 2023 – City of Westwood Publishes First Notice of Sale

As a requirement of Kansas Statute 12-1301 regarding the proposed sale of public park land, the City published its first of two notices to sell Joe D. Dennis Park and the former church lot. The notice stated that "The City of Westwood reserves all rights to challenge the applicability of K.S.A. 12-1301 as to such parcels."

November 8, 2023 – Westwood City Attorney Answers with First Amendment Threats to Residents, Law Firm

Acting on behalf of of the City of Westwood, the City Attorney sent a letter to Bushyhead Law, stating that Kansas Statute 12-1301 did not apply to Joe D. Dennis Park, claiming the park was not a legal park. The letter went on to threaten with legal action anyone who stated that the park was actually a park or spoke out against the proposed development.

November 14, 2023 – City of Westwood Publishes Second Notice of Sale

As a requirement of Kansas Statute 12-1301 regarding the proposed sale of public park land, the City published the second of two notices to sell Joe D. Dennis Park and the former church lot. The notice again stated that "The City of Westwood reserves all rights to challenge the applicability of K.S.A. 12-1301 as to such parcels."

The filing of this second notice started a 30-day timer for citizens to protest the sale.

December 12, 2023 – Protest Petition Filed with the City of Westwood

Acting on behalf of unnamed residents, Bushyhead Law filed a protest petition regarding the sale of the park with the City of Westwood, as allowed by Kansas Statute 12-1301 regarding the sale of public park land. The petition had 220 signatures.

January 17, 2024 – City Council Holds Special Closed-Door Meeting, Declares Protest Petition Invalid — Requests Declaratory Judgment from District Court

According to the meeting's minutes, after recessing into a closed-door Executive Session for 30 minutes for consultation with the City Attorney, the City Council returned to vote on a motion to declare "the petition filed with the City Clerk on December 12, 2023 relating to City owned property at 5000 Rainbow Boulevard invalid." The motion passed with a 5-0 vote.

On or around this date, in an attempt to kill the protest once and for all, the City filed an action in Johnson County District Court against the State of Kansas and District Attorney for Johnson County, requesting a formal legal ruling from the Court 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. In essence, they asked the District Court to agree with them that the petition was invalid. Naming the State and the County as the defendants meant that no citizens — not one of the petitioners — was allowed to submit arguments.

February 23, 2024 – District Court Rules in Favor of City’s Request to Invalidate Petition

After hearing arguments only from the City and without hearing from any petitioners (despite a Motion to Intervene being filed), the Johnson County District Court ruled in favor of the City on issues 1 and 2 (see January 17). The Court denied a Declaratory Judgment for issue 3.

February 28, 2024 – District Court Ruling is Appealed by One Resolute Resident

One resident of Westwood, representing over 200 signers of the protest petition and with full emotional support from Friends of Westwood Parkland, formally appealed the District Court's ruling. This valiant effort sent the case to the Court of Appeals for the State of Kansas.

March 26, 2024 – Westwood City Attorney Threatens Appealing Resident with $8M+ Malicious Prosecution Lawsuit

Acting on behalf of of the City of Westwood, the City Attorney sent a letter to Kriegshauser Ney Law Group, asking them to "reconsider your approaches in this matter." The letter stated that the appeal was inappropriate and that City believed the law firm and its client "may very well be at risk of engaging in malicious prosecution and slander of title." It went on to state that "the City has sustained, and will continue to sustain damages" from the actions of the law firm and its client; "All told, these damages to the City would well-exceed $8.225 million."

The client of Kriegshauser Ney Law Group did not back down and continued to fight for the citizens' rights.

October 15, 2024 – Kansas State Court of Appeals Hears Oral Arguments

Each side was given 15 minutes to plead their cases. You can watch all the action here.

November 15, 2024 – Kansas State Court of Appeals Reverses District Court Decision

Three justices from the Kansas Court of Appeals issue a unanimous, strongly worded ruling, reversing the District Court's decision, sending the case back to the District Court to be tried again, but starting with a full hearing that allows those in opposition to be a party of the trial. In its Memorandum Opinion, it also drew attention to the maxim that had been cited by the district court: "[C]ourts should 'exercise extreme' caution when rejecting citizens' initiative or referendum petitions on mere technicalities."

December 12, 2024 – City Declares a Vote Regarding the Sale of the Park (FINALLY!)

After fighting its residents for approximately a year and spending nearly $100,000 in taxpayers' funds to do so, the City adopted Resolution 138-2024 to hold an election regarding the sale of Joe D. Dennis Park.

January 2025 – City Announces Election Date of April 1

The City posts the date of the special election regarding the sale of Joe D. Dennis Park will occur on April 1^st, 2025. The election will be by mail-in ballot, with residents to receive their voter’s packet in mid-March. Ballots are due in the Johnson County Election Office by noon on April 1, 2025.

January 2025 – City Publishes Financial Analysis

For the first time, after repeated requests throughout 2023 and 2024, the City of Westwood publishes on its website a cost analysis of the development. There are inconsistencies in the report (FWWP opinion regarding City’s financial analysis).

March 12, 2025 – Election Office to Mail Ballots to Registered Westwood Voters

Beginning twenty days before the election, the Johnson County Election Office will begin mailing ballots to voters. Only registered voters who live in Westwood will be allowed to vote on this issue. Ballots are due in the Johnson County Election Office by noon on April 1, 2025.

April 1, 2025 – Ballots are Due at the Election Office by Noon

Completed ballots are due in the Johnson County Election Office by 12-noon on April 1, 2025.