The Gees then planned to split the land and sell a portion of it.

City Planner Linda Bohnsack researched the possibility and thought it was legal by looking at a 1972 ordinance with no mention of lot-splits. She told the Gees the acquisition and intention should be fine.

But after further research, an ordinance that year showed land could be split into areas less than five acres once.

The land was part of the 20-acre Dessery estate.

A 12.6 acre portion of the land was divided in 1984 into 3.69 and 8.91 acre tracts. That constituted a split because one portion was less than five acres. Another split occurred in 1986, but that split was not legally recorded.

The city council determined last Tuesday that no action could be taken because the Gee’s lot-split would be illegal.

Shaun Gee said his family would be in a difficult position.

“In 15 days we’ll purchase a house or live in my truck,” Gee said.

Bohnsack regretted the mistake.

“I apologize,” Bohnsack said. “It was erroneous. I’m sorry it wasn’t recorded.”

In other news:

Council approved a special-use permit for two years at West Haven Baptist Church. The church plans to put a mobile unit on the west side of the church for extra teaching space. The church has experienced growth and needs additional room. The church plans to expand in the upcoming years.

Appointed Bobby McClendon as new director of the Tonganoxie Public Library Board. McClendon replaces Buck Smith, who has had health problems. The council also accepted Stacy Clark’s resignation from the board. Stacy, along with her husband, Chris, and her family will be moving to Massachusetts.