The residents behind three much-discussed petitions in Prairie Village are appealing a Johnson County judge’s ruling that says only one of the measures is eligible for a future ballot.
PV United, also known as Stop Rezoning Prairie Village, Tuesday evening filed a notice of appeal regarding a series of rulings issued in recent weeks by Johnson County District Court Judge Rhonda Mason.
The group is appealing Mason’s initial oral ruling and a first written decision, both issued Sept. 6, as well as her final ruling from Sept. 15.
Mason’s rulings contradicted each other and led to some confusion for both the residents and the city, but the upshot is no petition items will be going before voters this November because election officials have said they must begin preparing ballot materials.
What you may have missed
Stop Rezoning PV formed last year in opposition to Prairie Village’s efforts to address the skyrocketing cost of housing in the suburb. The group has been vocal in its opposition to the city’s housing recommendations that were created by an ad hoc committee.
The group of residents took matters into their own hands this by drafting three petitions on the Nov. 7 ballot. One of the petitions dealt with rezoning, while the other two called for significant changes in city government.
After gathering thousands of signatures on each petition, Stop Rezoning PV submitted them to the city and Johnson County Election Office this summer.
The city questioned the legal validity of the three petitions and asked the district court for a declaratory judgment to determine whether the petitions could be placed on a ballot.
Here’s what the petitions said, in summary:
- The “rezoning” petition called for limiting rezoning and, in particular, curtailing the use of accessory dwelling units — such as so-called “granny flats” — and other multi-family projects in single-family neighborhoods in Prairie Village.
- The “abandon” petition aimed to throw out the city’s current mayor-council form of government. The petition’s organizers have called the current form of government a “strong mayor” form and signaled an interest in paring back mayoral power.
- The “adoption” petition sought to replace the mayor-council form of government with a mayor-council-manager form of government. That petition included language that would have slashed the Prairie Village City Council in half from 12 councilmembers down to six and would have effectively ended six councilmembers’ terms two years early.
Mason’s initial oral ruling from Sept. 6 found the “abandon” petition eligible for a ballot and the “rezoning” and “adoption” petitions ineligible.
But a written decision published later that day reversed course, instead finding the “adoption” petition eligible for the ballot and the “abandon” and “rezoning” petitions ineligible.
Then, in a final ruling on Sept. 15., Mason reinstated her initial oral decision, finding that the “abandon” petition was the only one eligible for a vote.
Regardless, the deadline has passed for any new questions to be placed on the Nov. 7 ballot, the county election office has said, so Prairie Village voters will not be faced with any of these measures this year.
What the appeal says
PV United and the group’s attorney, Rex Sharp, are appealing Mason’s ruling to the Kansas Court of Appeals.
The two-page appeal notice does not go into much detail about the group’s arguments but lists seven different grounds for appeal.
Three of those seven items are Judge Mason’s three separate rulings, the initial oral decision and the two subsequent written decisions.
PV United is also appealing Mason’s initial comments made from the bench on Sept. 6, when she found the “adoption” petition eligible for a ballot measure and the “abandon” and “rezoning” petitions ineligible to take before voters.
PV United is also appealing the district court’s deliberation on the petitions, which ultimately meant the items missed the election office’s deadline to be placed on the Nov. 7 ballot.
Read the notice of the appeal in its entirety below.
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Open in new tab What both sides are saying
Dan Schoepf, the spokesperson for Stop Rezoning PV, shared the following statement via email Wednesday morning:
“Recent court decisions in the city’s case against its own citizens are contradictory and confounding — and, worst of all, undermine our citizen petition rights provided by state law.
“While the appeals process on these important citizen petition issues will take months, we have another chance to weigh in on the future of our community by participating in the Nov. 7 election. Half of the City Council seats will be on the ballot, and residents can choose new leaders who will protect our single-family neighborhoods and preserve what makes Prairie Village unique.”
Acknowledging the back-and-forth is getting “confusing,” City Administrator Wes Jordan said the city could file a cross-appeal. Below is the city’s full statement:
“The City is in receipt of the attached Notice of Appeal that was filed by Mr. Rex Sharp on September 19, 2023. The filing is basically the first step in the appeal process. The City understands the petition process can be confusing and would encourage residents to visit our website to have a better understanding of the context of the petitions and why the Governing Body was legally compelled to file an action seeking declaratory judgment. The City does have the right to file a cross-appeal and will consider that possibility in the near future.”
Go deeper: What will be on my Prairie Village ballot this November?
