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Judge's oral, written rulings contradict each other in Prairie Village petition battles

Prairie Village Neighborhood
Posted at 7:18 PM, Sep 06, 2023
and last updated 2023-09-06 20:41:21-04

KANSAS CITY, Mo. — An oral ruling given by Johnson County Judge Rhonda Mason Wednesday morning in court contradicts a written ruling released hours later in the case involving disputes between Prairie Village residents and city government.

In her oral ruling, Mason said petitions filed by Prairie Village residents in battles over zoning regulations and the city's form of government were invalid.

The oral ruling from Mason in the Abandonment Petition, which would replace the city's mayor-council form of government, could be placed on the November 2023 ballot.

However, in her written ruling, the judge found the Abandonment Petition was not eligible to be on a ballot.

Mason said in her oral ruling the Adoption Petition was not in compliance with Kansas law.

The written ruling was the opposite, with the judge ruling the petition can be submitted to a vote.

That petition would cut the number of city council positions from 12 to six, which means the most recently elected council members would have lose their seats.

In addition, the petition weakened the power of the city's mayor, Erik Mikkelson, a frequent target of the leaders of the effort to change the city government and prevent zoning changes.

The petitions signed by Prairie Village residents were the result of disagreements over zoning regulations, including allowing small houses in the backyards of existing homes and permitting the construction of apartment buildings and other multi-family developments in a city known for its Cape Cod-style homes and towering tree canopies.

The group PV United spearheaded the petitions.

City council meetings in recent months turned contentious as opponents of zoning changes angrily challenged the mayor and city council.

In response to today’s ruling in the City of Prairie Village’s court case against its own citizens, Prairie Village resident Dan Schoepf provided the following statement on behalf of community group PV United:

“Our state has a citizen petition process so every day people can make their voices heard when government refuses to listen. It is terribly disappointing to see the City Council throw up technical roadblocks in court to thwart these petitions and silence the thousands of citizens who have participated in the process at the grassroots level. We remain PV United and will appeal today’s decision in the hopes of giving the people of Prairie Village the vote they deserve on these important issues. Regardless of the outcome of the two remaining petitions, voters will at least have the chance to elect six City Council members in November who share their vision for preserving what makes Prairie Village unique.”
Dan Schoepf

The city also provided KSHB 41 with a statement on the rulings:

The City will continue to provide residents with accurate information regarding any question on the November 2023 ballot, to avoid further confusion as to local government and the services provided by the City.
City of Prairie Village

Mason will meet with attorneys Thursday morning.