The county has filed a motion to dismiss the plaintiffs’ appeal in the city of Golden matter because petitioners failed to provide the specified bond amount.
The County Commission voted 3-1 against incorporation of Golden at its Oct. 13 meeting.
Jennifer Williams, who filed a petition April 9 to incorporate about 9 square miles north of Hillsdale Lake into a city to block the march of intermodal warehouses into Miami County, is named as one of the plaintiffs in the case along with Golden supporter Charlie Koch.
The appeal was filed Friday, Nov. 12, in Miami County District Court by attorney Doug Patterson with The Property Law Firm in Overland Park.
The plaintiffs are contesting the $5,000 bond the county is requiring to accompany the petition to appeal, and instead paid $100.
The petitioners said the large bond appears to be designed to discourage the appeal from being filed.
The motion to dismiss, filed Nov. 15 by County Counselor Shelley Woodard on the county’s behalf, states K.S.A. 19-223 requires the appeal to be filed with a bond with sufficient security that is approved by the clerk of the board.
The motion to dismiss states: “The clerk informed the petitioners that a bond of $5,000 cash or surety was sufficient. The petitioners provided a $100 cash bond after being informed of the sufficient bond amount.”
It is not clear why the bond was set at $5,000. State statute K.S.A. 19-223 does not specify the bond amount.
Woodard said she could not comment on ongoing or pending litigation.
The motion asks the court to dismiss the case because petitioners did not follow the statutory requirements to perfect their appeal because they failed to provide the sufficient $5,000 bond.