EXCELSIOR SPRINGS, Mo. (December 4, 2025) – The City of Excelsior Springs has filed a petition in Clay County Circuit Court asking a judge to determine which city has the legal right to annex a tract of land at the center of a months-long dispute between Excelsior Springs, the City of Mosby, and residents living near the proposed expansion of Ideker Mining.
The filing, submitted November 17, argues that Excelsior Springs took the first valid legal step toward annexing the contested area, giving the city what Missouri law calls “prior and exclusive jurisdiction” over the land. The lawsuit asks the court to invalidate Mosby’s competing annexation action and to block Mosby from asserting any governmental authority over the area.
How the conflict began
The dispute traces back to the spring and summer of 2025, when residents first learned that landowner David Rhodus had submitted a voluntary annexation request to Mosby. That request would allow Ideker Mining, already operating a quarry within Mosby city limits, to expand onto an additional 86 acres.
As documented in our ongoing reporting since May, the proposed expansion triggered significant community concern. Residents from Mosby and rural Clay County raised issues about blasting damage, truck traffic, road safety, groundwater impacts, and the rapid pace at which annexation discussions were advancing.
Public turnout at Mosby’s June 30 hearing was unusually large, and written objections from more than five percent of Mosby voters forced the petition to go to a citywide vote, an important detail highlighted in the court filing.
Meanwhile, Excelsior Springs had already begun its own annexation process. On June 5, the City Council adopted Ordinance 25-06-03, placing its annexation question on the November ballot. The city argues that the ordinance constitutes the earliest valid statutory step toward annexation, giving Excelsior Springs legal priority over any overlapping land.
Two annexation elections, one conflict
Both cities held annexation elections on November 4, 2025, and voters in both municipalities approved their respective questions. But because portions of the proposed boundaries overlap, Missouri courts must determine which annexation, if any, controls the disputed area.
In its petition, Excelsior Springs cites Missouri case law: when two cities attempt to annex the same land, whichever takes the first valid statutory action gains jurisdiction over the entire territory.
Excelsior Springs argues that it acted first and therefore Mosby’s annexation is “invalid and void in its entirety.”
According to the Excelsior Springs City Attorney, none of the land included in the Excelsior Springs annexation question, including the areas outside the 86 acres owned by David Rhodus, has been officially incorporated into the city at this time. All of the territory remains in pending status until the court determines which municipality has the legal authority to annex the overlapping area. The outcome of the lawsuit will decide whether the annexation becomes effective or whether further action is required.
Why this matters for residents
The disputed land includes the area central to Ideker Mining’s proposed expansion, an issue that has dominated public meetings in Mosby and Excelsior Springs for nearly a year. This legal question now determines which city will set zoning and land-use rules, which city controls road and utility planning, and whether expansion of the quarry can move forward. It also determines where residents must take safety concerns, noise complaints, and environmental issues.
What the petition asks the court to do
The petition asks the court to declare that Excelsior Springs lawfully took the first valid step toward annexation and therefore holds jurisdiction over the area. It also asks the court to confirm that Excelsior Springs’ annexation proceedings are valid and effective. The filing seeks a declaration that Mosby’s annexation efforts are invalid and void and requests a court order preventing Mosby from asserting authority over the territory in question.
The Road Ahead
The court will now set a schedule for filings, responses from Mosby, and potential hearings. These cases often involve a detailed review of timelines, statutory steps, election procedures, and municipal authority.
Given the high level of public interest and what has already been seen in months of packed public meetings, residents will be watching closely for the court’s decision, which could shape the future of growth, land use, and industrial development on the city’s western edge for decades to come.
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