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CITY OF TOPEKA v. WATERTOWER PLACE DEV. GROUP

No. 78,862.

265 Kan. 148 (1998)

959 P.2d 894

CITY OF TOPEKA, a Kansas Municipal Corporation, Appellee, v. WATERTOWER PLACE DEVELOPMENT GROUP and WATERTOWER PLACE DEVELOPMENT CORPORATION, Appellants.

Supreme Court of Kansas.

Opinion filed May 29, 1998.

Attorney(s) appearing for the Case

Dwight D. Sutherland, Jr., of Lathrop & Gage L.C., of Kansas City, Missouri, argued the cause and was on the brief for appellants.

Anne Lamborn Baker, of Wright, Henson, Somers, Sebelius, Clark & Baker, LLP, of Topeka, argued the cause, and Thomas E. Wright, of the same firm, was with her on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The City of Topeka (City) and the Watertower Place Development Group (Watertower) entered into a contract giving Watertower exclusive rights to develop an area in the City. The City filed a declaratory action, claiming Watertower had breached the contract and, therefore, the City was no longer bound by the contract. Watertower filed a counterclaim for specific performance and monetary damages. The district...

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