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GENESIS HEALTH CLUB v. CITY OF WICHITA

No. 97,486.

181 P.3d 549 (2008)

GENESIS HEALTH CLUB, INC., Genesis Health Clubs Management, LLC, and Steven Enterprises, LLC, all d/b/a/ Genesis Health Clubs, Appellants, v. CITY OF WICHITA, Appellee.

Supreme Court of Kansas.

March 28, 2008.

Attorney(s) appearing for the Case

Ken M. Peterson, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Richard A. Kear, of the same firm, was with him on the briefs for appellants.

Arthur S. Chalmers, of Hite, Fanning & Honeyman, L.L.P., of Wichita, argued the cause, and Randy J. Troutt, of the same firm, and Gary Rebenstorf, Wichita City Attorney, were with him on the brief for appellee.

The opinion of the court was delivered by NUSS, J.:

Genesis Health Club, Inc., et al., (Genesis), sued the City of Wichita (City) for failure to issue Industrial Revenue Bonds (IRBs) and for failure to grant ad valorem property tax abatements pursuant to an alleged contract between these parties. Its causes of action were for breach of contract and promissory estoppel. The district court granted the City's motion for summary judgment, essentially holding that...

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