Dennis and Kristine Scott appeal the district court’s ruling in favor of the City of Leawood in a dispute that arose after the Scotts placed two stone columns in the public right-of-way of a newly constructed cul-de-sac that is required to be dedicated to the City as part of a residential construction project. Although the Scotts submitted plans and specifications to the City of Leawood for the cul-de-sac that depicted the required public right-of-way, those plans and specifications did not show that they intended to place stone columns in the right-of-way. Ultimately, the City of Leawood informed the Scotts that one of the two stone columns must be removed from the public right-of-way before it would accept dedication of the cul-de-sac. In response, the Scotts filed a petition in district court seeking a declaratory judgment and other relief. On appeal, the Scotts contend that the district court erred in concluding that a building codes inspector employed by the City of Leawood did not have authority to authorize the placement of the stone columns in the public right-of-way of the required cul-de-sac. The Scotts also contend that the district court erred in concluding that they had failed to exhaust administrative remedies. Based on our review of the record in light of Kansas law, we conclude that the building codes inspector did not have actual authority to authorize or approve the placement of the stone columns in the public right-of-way of the cul-de-sac to be dedicated to the City. As a result, it is unnecessary for us to reach the issue of exhaustion of administrative remedies. Thus, we affirm the district court.
Source: Kansas Court of Appeals
