Park Petition, Litigation, and Election

The development agreement for this project, which includes the creation of a larger park on land currently owned by the Shawnee Mission School District, was approved by the City Council in October 2023. The purchase was originally set to close on or before January 2024, over a year ago.

In December 2023, petitions were submitted to the City of Westwood protesting the sale of Joe D. Dennis Park unless there was a public vote. In January 2024, the City requested guidance on the petitions from the Johnson County Counselor’s office, as it was not clear whether the petitions were valid under Kansas law. That office issued an advisory opinion that the petitions were not valid and that the question could not be included on a ballot. The Johnson County District Attorney and Kansas Attorney General did not challenge the County Counselor’s determination.

In early 2024, the Johnson County District Court ruled that the petitions were invalid, meaning a vote could not be held, and allowing the project and feature park to proceed. However, that decision was appealed to the Kansas Court of Appeals by one Westwood resident. So long as the appeal remained outstanding and open, the City, the School District, and Karbank could not proceed with this project. In November 2024, the Court of Appeals sent the matter back to the District Court for further proceedings on this resident’s intervention rights.

In its decision, the Court of Appeals suggested that the petitions may be valid and that the City may recognize their validity, providing an opportunity for the public to vote on the issue as originally requested. At its December 2024 meeting, the City Council accepted the Court’s decisions, recognized the validity of the petitions, and called for an election to be held on April 1, 2025.

In Spring 2025, registered and qualified voters of Westwood will receive mail-in ballots asking whether the following question shall be adopted: “whether the Joe D. Dennis Park shall be sold, traded, or exchanged”. This language was taken directly from the protest petitions filed with the City.

Westwood Hills and Mission Woods electors would not be eligible to vote in this election.

The Johnson County Election Office and the City will provide more information on the election during the first few months of 2025. Along with the ballots, voters will receive instructions on how to mark the ballot to vote either for or against the proposition and a stamped, addressed return identification envelope in which the marked ballot must be placed. Ballots will need to be received by the Johnson County Election Office by no later than April 1, 2025.

Should the ballot measure pass, the City will move forward with the sale of the existing park to Karbank, who would then move forward with their approved plan for a mixed-use development at 5000 Rainbow Blvd.

The City would then also continue the planning process for the new feature park. Preliminary planning work for the new feature park can be viewed here. The next steps in that process would be:

1. Additional public feedback would be incorporated into a complete park proposal;

2. Park design recommendation would be finalized and submitted to the Planning Commission and City Council for acceptance;

3. Engineering and site plan review and approval;

4. Financing options for the park would be finalized;

5. Construction documents developed; construction contractor selection;

6. Construction (construction timeline depends on final design); and

7. Ribbon cutting.

If the ballot measure fails, then the City would retain Joe D. Dennis Park and it would remain in place. Neither the Karbank development nor the new park would be built. The City would also continue to hold the vacant former Westwood Christian Church site (which is not officially part of Dennis Park) and approximately $275,000 in debt on that property.

There are not any current plans or funds budgeted for renovation or expansion of Dennis Park or the former church property. Dennis Park would remain as it currently is and continue to be used for park purposes. At some time, the City may need to determine what use—if any—should be made of the former church property, whether that be for park and green space or other uses.

The School District would likely seek another buyer for the old Westwood View school site, and the City would have no control over that sale. The City would not be in a financial position to purchase the property. If future owners of the site present their own development proposals, the City would review those under the City’s zoning regulations but would not otherwise have a say in them or participate in them.

The City encourages all residents to exercise their rights to vote in the Spring election. Preliminary information on the election is currently available at https://www.jocoelection.org/events-elections/april-1-2025-city-westwood.

With this FAQ, the City intends to provide only factual information, budget analyses, and summaries of public planning processes. Under Kansas law, while the City may educate and inform residents on matters to be voted on, the City cannot convey favoritism, partisanship, partiality, approval, or disapproval. Accordingly, this FAQ should not be interpreted as the City’s recommendation—one way or the other—as to how residents should vote in the Spring 2025 election.

The City is committed to working with the Johnson County Election Office to ensure a free and fair election for all qualified electors of Westwood. The City encourages its residents to review all pertinent information, talk with their neighbors, participate in debate and discussion, listen to and respect all sides and opinions, and vote their conscious. The City respects the election process and the ultimate decision made by the Westwood community.

If the Spring 2025 ballot measure fails, then the School District would likely seek another buyer for the old Westwood View school site. The City would have no control over that sale, and the City would not purchase the property itself. The City does not know what other types of projects could be proposed by future owners. The City would review those proposals under the City’s zoning regulations but would not otherwise have a say in them or participate in them.

The City does maintain certain controls over the development of property through its zoning regulations, subdivision regulations, and building codes. However, under Kansas law, zoning controls are not unlimited. For example, cities may not exercise their zoning authority in an arbitrary or capricious manner. Kansas law further provides that, when considering zoning and planning decisions, the “public welfare” means the community as a whole, not just immediate neighbors.

In 2023, the Planning Commission and City Council held several public hearings and public meetings on rezoning and development plans for the site. The Planning Commission recommended approval of these applications, and the City Council approved the rezoning with a supermajority vote following the submittal of a protest petition. Additional FAQs on this website address those matters which the City considered in approving the Karbank proposal.

If the Spring 2025 ballot measure fails, then the School District would likely seek another buyer for the old Westwood View school site. The City would have no control over that sale. Subsequent purchasers of the former Westwood View site could apply to the City for rezonings, development plans, special use permits, and the like, all of which would be handled through regular City processes. Depending on the nature of the proposed development, plans could require public hearings and review and approval by the Planning Commission and the City Council.

State law provides strict requirements for adding items to a ballot and, under the Kansas Constitution, cities are limited to very specific issues when holding a referendum.

Given the Johnson County Counselor’s advisory opinion on the petitions, the City was uncertain if it had the legal authority to place the question on the ballot. In January 2024, the City asked the Johnson County District Court to determine:

• if the language on the petition could be placed on a ballot;
• if the petition was legally valid; and 
• whether the State law cited by the petitioners applied to this particular property sale.

The Johnson County District Court ruled in February 2024 that the petitions were not valid and that the question could not be put to a vote. However, in November 2024, the Kansas Court of Appeals sent the case back to the District Court for further review. In its decision, the Court of Appeals suggested that the petitions may be valid and that the City may recognize their validity.

At its December 2024 meeting, the City Council accepted the Court’s decisions, recognized the validity of the petitions, and called for an election to be held on April 1, 2025. The City also voluntarily dismissed the legal case.

No. The City was uncertain if it had the legal authority to call an election based on the petition submitted to the City. In its request for review to the Johnson County District Court, and in accordance with previous Kansas Supreme Court precedent, the City named only the Johnson County District Attorney’s office and the Kansas State Attorney General’s office as defendants. No residents were named or sued.

One resident attempted to intervene in the case. The District Court determined that she was not entitled to intervene. The resident then appealed this decision to the Kansas Court of Appeals. In November 2024, the Court of Appeals remanded the case back to the District Court for further proceedings on this question.

On December 18, 2024, the City, the Kansas Attorney General, and the Johnson County District Attorney jointly dismissed the declaratory judgment action with the Johnson County District Court. On December 30, 2024, the one Westwood resident filed pleadings seeking to prevent the legal case from being dismissed.

The City encourages residents to attend or listen to City Council meetings. Anyone interested in what’s happening in Westwood—not just Westwood residents—are also encouraged to sign up for the City e-newsletter via this link to receive notices and updates about important issues. You can also follow the City on Facebook here.