Frontenac OKs legal action against Pittsburg
FRONTENAC — A dispute between the cities of Pittsburg and Frontenac over a section of Wild Red Road connecting to East Atkinson Ave near the Pittsburg Highlands housing development continues to escalate, despite a recent offer from Pittsburg attempting to resolve the issue.
″(Pittsburg City Manager) Daron Hall has proposed that we enter into a little agreement where they admit that they trespassed — he calls it encroachment — and that they maintain it, they control the road, but they won’t do it again,” said Frontenac City Attorney Tim Fielder at last week’s Frontenac City Council meeting. “And he talks about us giving them license — to the City of Pittsburg — for the continued encroachment.”
Fielder said Kansas cities have control over their own territory under what is known as home rule. The construction of the disputed section of road “constitutes both a trespassing and a taking,” Fielder said. “The trespass was contemplated by Pittsburg as early as November 28, 2017, when it allowed the platting of Pittsburg Highlands.”
Hall admitted in an email, Fielder said, that the encroachment was pre-planned.
“There’s no sense of wrongdoing on Pittsburg’s part but rather a sense of entitlement to do as it pleases, and they don’t offer to stop the trespass or the taking, but rather demands that the City of Frontenac agree to codify the taking of its corporate territory, pursuant to Pittsburg’s terms,” Fielder said. “Pittsburg’s terms do not offer payment of damages or compensation to the city. We’re just to accept it and like it.”