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County counselor says Prairiewood filed Supreme Court petition; plans conditional cross-petition and deputy-county-counsel recruitment
Summary
Riley County's county counselor reported that Prairiewood filed a petition for review at the Kansas Supreme Court; he said he will prepare a response and is considering a conditional cross-petition. He also outlined timelines to recruit a deputy county counselor and flagged an upcoming annexation review.
Jake Vance, Riley County counselor, told commissioners on Aug. 4 that Prairiewood has filed a petition for review with the Kansas Supreme Court related to prior litigation involving county land-development regulations. Vance said the filing triggers a 30-day window for the county to file a response and that he is considering a conditional cross-petition.
Vance described a conditional cross-petition as asking the Supreme Court to consider an additional issue only if the court grants review of the case. He said the alternative would be a regular cross-petition, which seeks review of the issue on equal footing; he noted the choice involves trade-offs, including the odds the Supreme Court will accept review. Vance explained the petition is discretionary because the case does not involve a question of first impression under the Kansas or U.S. constitutions.
Also during the county counselor's report, Vance told commissioners the county will advertise and recruit for a deputy (assistant) county counselor position and hopes to present a hiring item for the board within a short timeline. He said the deputy-county-counsel posting would aim to attract a pool of applicants suitable to the county's needs and that the office has ideas to increase applicant interest.
Vance said the county has received notice of a city annexation request near the airport; once he receives a certified copy of the annexation documents, staff will evaluate and place the matter on a future commissioners' agenda.
Why it matters: The Prairiewood petition could extend litigation to the state Supreme Court and affect how the county's land-development regulations are interpreted. Recruiting a deputy county counselor and reviewing annexation requests are standard legal and planning steps that affect the county's capacity to respond to litigation and land-use proposals.
The board did not take a formal vote in this item; Vance sought direction about whether to proceed with a conditional cross-petition and reported he would follow commissioners' direction or proceed as advised.
