Miami County has filed a motion to dismiss the Plaintiffs’ Appeal in the City of Golden matter, because petitioners failed to provide the specified Bond amount. The County Commission voted 3-1against Incorporation of Golden at its October 13th meeting. The Appeal was filed November 12th, in Miami County District Court by Attorney Doug Patterson, with the Property Law Firm in Overland Park. The Plaintiffs are contesting the $5,000 Bond the County is requiring to accompany the Petition to Appeal and instead paid $100. The Petitioners say the large bond appears to be designed to discourage the Appeal from being filed.
The Motion to Dismiss, states Kansas Statute requires the Appeal to be filed with a bond with sufficient security that is approved by the Clerk of the Board. The Motion to Dismiss states: “the requested amount of bond was not paid. It is not clear why the bond was set at $5,000. State statute does not specify the bond amount and an attorney for the plaintiffs say it was unusually high.”
