Date
July 20, 2026
Added to tracker
September 25, 2026
Court or forum
Johnson County District Court, Kansas (10th Judicial District)
State
Kansas
Presiding judge
Paul Burmaster
Amount / scale
~$1.43M contested land sale (Cherry Park's competing offer was reportedly ~$1M higher)
Parties
Plaintiff: Cherry Park Properties LLCDefendant: City of OlatheDefendant: Unified School District No. 233 (Olathe Public Schools)Defendant: CB HoldingsDefendant: 143rd Street Ventures LLC

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.

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