Neighbors sue Lenexa over Habitat for Humanity plan to build 50 affordable homes
Three hours before the Lenexa City Council voted to approve a plan to build 50 affordable homes, several western Lenexa residents filed a lawsuit against the city and the Planning Commission, claiming that the officials weren’t transparent in their discussions and violated city code for the project.
Known as the Clear Creek subdivision, Habitat for Humanity Kansas City proposed to build 50 single-family homes on 17 acres of land off Clare Road near 86th Terrace in western Lenexa.
The project uses a community land trust model to make the homes affordable in perpetuity, with estimated appraisal values ranging from $245,000 to $280,000. At a time when average sale prices in Lenexa sit above $500,000, the project aims to bring more price ranges to Lenexa residents.
However, with the homes slated to be built on current city-owned green space, many nearby neighbors expressed their opposition during both the Planning Commission and City Council meetings — saying they’re worried about the loss of outdoor space and afraid of a potential hit to their home values.
Some of those concerns are echoed in the litigation filed in Johnson County District Court.
It alleges that Lenexa City Manager Beccy Yocham held private meetings with Habitat for Humanity Kansas City, that the city negotiated to give its employees preferential access to the new homes, that neighbors did not receive proper notice of the project, and that the proposed development includes “multiple deviations from standard development requirements,” according to court documents.
Michelle Burns, an attorney representing the six Lenexa residents in the lawsuit, did not respond to a request for comment. City spokesperson Denise Rendina said that the city doesn’t comment on pending litigation.
Private meetings
Residents claim that communications between the city and developer occurred from April to December 2025, building “consensus” among city officials and staff to support the proposed development.
Residents allege that Yocham emailed with Habitat for Humanity in May, proposing that employees get preferential treatment for lots in the proposed development on Clare Road.
Later on in the summer, residents allege that Yocham and city officials met with Habitat for Humanity privately at a church in Olathe. However, the city mentioned in a weekly meeting email sent out on July 11, 2025, that the Lenexa governing body would be meeting with a church that played a role with a similar Habitat for Humanity project in Olathe.
Citing a July 14, 2025 email, residents allege that Yocham didn’t anticipate anyone from the public to attend and would be “sure to tell you if anyone is there that isn’t one of our team.”
By acting in this manner, the residents claim that Yocham pushed for the use of public land for a private benefit and tried to keep discussions away from residents, according to court documents
City code violations
The land Habitat for Humanity is eyeing is part of nearly 130 acres of land the city purchased over decades starting in the late 1980s. Throughout the years, the city built wetlands as part of a stormwater management facility and eventually a future park.
While the lawsuit claims that the vacancy resulted from “deliberate public planning decisions,” and not from failed projects, Community Development Director Scott McCullough said that the city always eyed development in the area. During the Planning Commission hearing, he said that the city issued a request for proposals in 2018, but no projects came forward — leaving the land untouched.
By approving the project, residents claim that the Planning Commission violated the city development code — which only allows certain levels of density to be built next to each other in order to match nearby neighborhoods.
“Staff’s analysis failed to properly analyze that the proposed density of 50 houses on 17 acres is inconsistent” with surrounding neighborhoods.
In comparison, the Timbers neighborhood to the west of the proposed development contains only 35 houses on 17 acres, according to court documents.
The lawsuit follows similar sentiments that neighbors at The Timbers shared during both the Planning Commission and City Council meetings, to which McCullough responded by saying that the density of the project is considered a low-density project, the same as neighboring communities.
Lack of notice
Before projects can be discussed, the city requires that neighbors are notified by signs and a publication in a local newspaper. In the lawsuit, residents allege that Lenexa didn’t notify them in a timely manner. City code requires at least 20 days notice prior to the initial hearing.
The Planning Commission had a public hearing scheduled for Jan. 5 but pushed back the date to Feb. 2 in response to neighbors’ feedback.
“Following the date change for the public hearing, questions exist regarding whether mailed notice to property owners within 200 feet was required for the rescheduled hearings as well as publication in the newspaper,” court documents stated. “Plaintiffs believe new mailed notices and publication in the city newspaper were required for the scheduled hearing.”
At least one property owner within 200 feet of the proposed project area didn’t receive a mailed notice from the city for the initial hearing. All of the neighbors in the lawsuit claim that they aren’t aware of any notice for the rescheduled hearing, according to court documents.
The city hasn’t filed a response in Johnson County District Court as of Feb. 20. It’s unclear how the lawsuit will affect the project moving forward.
