A federal judge in Kansas has tossed out a lawsuit over a short-lived plan to designate portions of downtown and eastern Garden City as flood-prone.
District Judge J. Thomas Marten agreed on Thursday with the Federal Emergency Management Agency that Garden City's challenge to the proposed flood plain map is moot. That is because FEMA rescinded the plan more than six months ago.
The lawsuit was filed by Garden City, Finney County and three landowners. They had refused to withdraw the lawsuit themselves, preferring to keep it open in case they object to a new flood plain map that FEMA is now preparing.