Cherry Park Properties LLC v. City of Olathe / USD 233 (Eminent Domain Misuse & Preferential Land-Deal Suit)
Developer Cherry Park Properties LLC sued the City of Olathe and Olathe Public Schools (USD 233) in Johnson County District Court, alleging the district used eminent domain to acquire a sewer easement on Cherry Park's land to clear the way for a below-market sale of roughly 79 acres of surplus school land to a company controlled by civic figure Clay Blair, rejecting Cherry Park's own higher offer. On July 20, 2026, Judge Paul Burmaster denied Cherry Park's request for a temporary restraining order and preliminary injunction, finding no showing of irreparable harm, but the case's seven underlying counts continue.
Why it matters
Shows that eminent domain and open-meetings exposure isn't confined to residential condemnation: a school district or municipality acting as a commercial land seller can face sustained litigation risk when a condemnation needed to enable a private sale is challenged as serving a preferred buyer rather than the public. Losing an early injunction motion doesn't resolve the underlying abuse-of-power claims, which can proceed independently.
Read the full write-up and case timeline
The complete analysis of this matter, with its procedural history and practical takeaways.
Open the full matterGet an email when a matter like this is filed
Set up a free watchlist for eminent domain matters in Kansas, or for the tenants, borrowers and guarantors in your portfolio.
Create a watchlistMore eminent domain matters
Other matters in Kansas
CREdocket summarizes public court records and reporting; see our sourcing standards and corrections log. Not legal advice. Facing something similar? Contact us.