The city of Leavenworth has filed an amended petition, laying out what city officials are seeking in a lawsuit against the Leavenworth County Commission.

The city of Leavenworth has filed an amended petition, laying out what city officials are seeking in a lawsuit against the Leavenworth County Commission.

At issue in the lawsuit are county plans for improvements at the intersection of 20th Street and Eisenhower Road.

The amended petition, which was filed Friday in Leavenworth County District Court, argues an agreement between the county and cities of Leavenworth and Lansing requires the county to pay for left turn lanes and traffic signals at the intersection.

A trial in the lawsuit is scheduled for Oct. 23.

County officials are planning to make improvements to the intersection as part of a county-funded project that will widen Eisenhower Road from west of 13th Street to County Road 5.

In 2016, the mayors of Leavenworth and Lansing and the chairman of the County Commission signed a memorandum of understanding regarding the Eisenhower Road project. That agreement calls for left turn lanes on Eisenhower Road at the 20th Street intersection and the installation of “appropriate and necessary traffic signals, including at 20th and Eisenhower.”

County commissioners later proposed constructing a roundabout at the intersection of 20th Street and Eisenhower Road.

In January, the city of Leavenworth filed a lawsuit against the County Commission regarding the county’s plans for the intersection.

In March, county commissioners voted to abandon plans for a roundabout.

But the city’s amended petition argues that the County Commission has indicated it is not financially responsible for traffic signals at the intersection and does not intend to pay for them.

The petition notes that the 2016 agreement states “unless otherwise specified, the entirety of the costs of the project as outlined herein shall be borne by and be the responsibility of the county.”

“The contract requires left turn lanes on Eisenhower and traffic signals at 20th and Eisenhower Road," attorney Curtis L. Tideman wrote in the amended petition.

Tideman is representing the city of Leavenworth in the lawsuit.

He argues in the petition that the County Commission has threatened a breach of the 2016 contract by “indicating that the improvements might be made without the traffic signals required by the agreement.”

The petition asks the judge in the case to prohibit improvements that do not conform with the 2016 agreement including a roundabout. The petition also asks that the judge order the county to install signals and left turn lanes and rule that the county is responsible for paying for the traffic signals.

The petition also asks that the county be ordered to pay attorney fees for the city to the extent allowed by law.

Senior County Counselor David Van Parys, who represents the County Commission in legal matters, said the amended petition from the city is being reviewed and county commissioners will be consulted in a timely fashion.

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