An attorney for the Leavenworth County Commission has filed a response to an amended petition in a lawsuit filed against the county by the city of Leavenworth.

An attorney for the Leavenworth County Commission has filed a response to an amended petition in a lawsuit filed against the county by the city of Leavenworth.

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

An attorney for the city of Leavenworth filed an amended petition in the lawsuit late last month. The petition argues a 2016 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.

In a response filed Tuesday by Senior County Counselor David Van Parys, the attorney for the County Commission argues “that the terms of the agreement between the parties entered into on or about March 21, 2016, speak for themselves and that the parties are bound by those terms unless otherwise amended by the parties.”

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

County officials are planning to make improvements to the intersection of 20th and Eisenhower 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.

The 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 recent amended petition filed by an attorney for the city argues the County Commission has threatened a breach of the contract by suggesting traffic signals may not be installed at the intersection.

The response from the county indicates county commissioners agree with portions of the amended petition concerning some of the language of the 2016 agreement. But county commissioners deny other statements made in the petition.

The response also notes that county commissioners previously consented to an order that would prohibit the construction of a roundabout. But the city has never submitted such an order for consideration.

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