A trial date has been set in a lawsuit concerning a 2003 agreement that established Leavenworth County Fire District No. 1.

A trial date has been set in a lawsuit concerning a 2003 agreement that established Leavenworth County Fire District No. 1.

The trial is scheduled for June 26 in Leavenworth County District Court, according to court records.

The case was filed in January by attorneys for the Delaware and High Prairie townships. The governing bodies of the townships are seeking a declaratory judgment regarding a provision in an interlocal agreement that allows a party to terminate the contract.

The lawsuit was filed as the city of Lansing seeks to withdraw from Fire District No. 1.

Fire District No. 1 provides fire department services to the city of Lansing and Delaware and High Prairie townships.

Representatives of Lansing and the two townships signed the 2003 interlocal agreement. The document also was signed by a representative of the Leavenworth County Commission and an assistant attorney general for the state of Kansas.

In June 2018, a letter signed by Lansing Mayor Mike Smith and most members of the Lansing City Council was sent to various people involved with Fire District No. 1. The letter was intended to provide notice that the city would terminate its relationship with Fire District No. 1 at the end of 2019.

This later was superseded by another letter from Smith that indicated the city is terminating the interlocal agreement in June 2020.

Lansing city officials have indicated they wish to operate a Lansing Fire Department in the future.

The 2003 interlocal agreement states that “any party may terminate this agreement by providing to the other parties written notice of its intention to terminate the agreement.” The agreement calls for the notice to be provided at least 18 months in advance.

Attorneys for Delaware and High Prairie townships argue this portion of the agreement does not comply with a state law concerning the disorganization of fire districts.

But an attorney representing the city of Lansing argues that the interlocal agreement was reviewed in 2003 by the Kansas Attorney General’s Office as required by law. And the Attorney General’s Office approved the agreement, finding that the document complied with the laws of the state.

The June 26 trial will be before a judge without a jury, according to court records.

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