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ALLEN REALTY, INC. v. CITY OF LAWRENCE

No. 63,596

14 Kan. App. 2d 361 (1990)

790 P.2d 948

ALLEN REALTY, INC., Appellant, v. THE CITY OF LAWRENCE, KANSAS, A Municipal Corporation; GENE SHAUGHNESSY, Building Inspector for the City of Lawrence; and RAMON POWERS, State Historic Preservation Officer for the State of Kansas, Appellees.

Court of Appeals of Kansas.

Opinion filed April 20, 1990.

Attorney(s) appearing for the Case

Todd N. Thompson and Jane M. Eldredge, of Barber, Emerson, Springer, Zinn & Murray, of Lawrence, for appellant.

Roger K. Brown, of Allen, Cooley & Allen, of Lawrence, for appellees City of Lawrence, Kansas, and Gene Shaughnessy.

John W. Campbell, deputy attorney general, and Robert T. Stephan, attorney general, for appellee Ramon Powers.

Ronald Schneider, of Lawrence, for amicus curiae Lawrence Preservation Alliance, Inc.

Before BRAZIL, P.J., M. KAY ROYSE, District Judge, assigned, and JAMES J. NOONE, District Judge Retired, assigned.

NOONE, J.:

Allen Realty, Inc., appeals from an order by the district court granting summary judgment to the City of Lawrence and dismissing plaintiffs appeal from a determination by Ramon Powers, the State Historic Preservation Officer for the State of Kansas (SHPO), recommending denial of a demolition permit.

Plaintiff has owned a lot at 1040 New Hampshire Street in Lawrence since 1976. Situated on the lot is an old building known as the English Lutheran...

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