After court ruling, Westwood will move forward with park conversion
WESTWOOD, Kan. — A Johnson County judge is largely siding with the city of Westwood in a court ruling over petitions against converting a local park into office buildings.
Now the city says it will move ahead with its plan.
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Westwood leaders had already rejected residents’ petitions, deeming them invalid. Then on Friday, the Johnson County District Court said as much as well, but the ruling did challenge one argument the city made.
Joe Dennis Park in Westwood sits near 50th Street and Rainbow Boulevard. Some residents are upset with plans to add office and retail space and were hoping to force a public vote.
Neighbors told FOX4 they value the park and don’t want more traffic along Rainbow either. Residents also said the proposed buildings are ugly, too tall and don’t fit the current design of the neighborhood.
The city, however, has noted the developer’s plans also include turning the neighboring Westwood View Elementary site into a new, larger park for the community.
Westwood accepted protest petitions from residents, but in January, the city unanimously passed a resolution that deemed the petitions as invalid.
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Then on Friday, a Johnson County judge supported that decision, saying the petition didn’t have an acceptable form of question and had other problems.
But the crux of this debate has focused on whether Westwood followed Kansas statute. Residents argued the city should have held a vote to sell the park land — but city leaders said the land was never really a park.
Westwood said it wasn’t originally purchased with the intent of its present use of a park, never levied a park tax, and it was never “dedicated.” Therefore, city leaders argue they don’t need to follow state law.
In Friday’s ruling, the court pushed back on the idea that Joe Dennis Park isn’t actually a park.
The judge noted state law doesn’t say the land has to be legally dedicated as a park. The ruling even pointed to the city’s own website, which says the property has been used as a park for decades.
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The judge also noted Westwood has followed other aspects of the same law, including publishing its intent to sell in the newspaper and imposing certain deadlines.
Ultimately, the judge said he would need more evidence on Westwood’s “not a park” argument, but the court still ruled that the petitions are invalid.
Regardless, the city of Westwood plans to move forward with the redevelopment plan.
“I am grateful for the Court’s ruling, which allows for the city’s vision — as reflected in years of
work, planning, and resident input — to become a reality,” Mayor David Waters said in a release.
“We understand that some residents may still have concerns with this project, but we are thankful for their engagement, which led to significant positive changes in the original proposal. We hope residents will continue to be involved as we work to bring this exciting opportunity to life for our community.”
The city, Mission Woods-based developer Karbank Real Estate Company, and the Shawnee Mission School District will now work together to complete the sale and purchase of the land on or before Aug. 1.
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Westwood leaders said they still plan to gather feedback on this project and the city.
The city has established a park planning steering committee for the new green space. It will start meeting in March. There will be a public engagement session on the park’s design in the fall.
This spring, Westwood also plans to launch a citizen survey to better understand residents’ needs for other city services.
