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FRIENDS OF BETHANY PLACE v. CITY OF TOPEKA

No. 100,997.

222 P.3d 535 (2010)

FRIENDS OF the BETHANY PLACE, INC., Appellee, v. CITY OF TOPEKA and Grace Cathedral and The Episcopal Diocese of Kansas, Inc., Appellants.

Court of Appeals of Kansas.

January 22, 2010.

Attorney(s) appearing for the Case

Eric B. Smith and Shelly Theis Starr, assistant city attorneys, and Mary Beth Mudrick, chief of litigation, for appellant City of Topeka.

Nathan D. Leadstrom and H. Philip Elwood, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, for appellants Grace Cathedral and The Episcopal Diocese of Kansas, Inc.

Pedro L. Irigonegaray, of Irigonegaray & Associates, of Topeka, and Shelley Hickman Clark, of University of Kansas School of Law, of Lawrence, for appellee Friends of Bethany Place, Inc.

Sandra Jacquot, general counsel, and Donald L. Moler, Jr., executive director, of League of Kansas Municipalities, of Topeka, were on the brief for amicus curiae League of Kansas Municipalities.

Derenda J. Mitchell and Michael J. Smith, assistant attorneys general, and Steve Six, attorney general, were on the brief for amici curiae Kansas State Historical Society.

Before RULON, C.J., GREENE and McANANY, JJ.

McANANY J.

This appeal centers on a contentious plan by Grace Episcopal Cathedral (Cathedral) in Topeka and The Episcopal Diocese of Kansas (collectively the Church) to construct a parking lot on a portion of Bethany Place, a tract of ground on which the Cathedral and two other buildings are located. These two other buildings and the surrounding grounds of Bethany Place (but not the cathedral itself) are listed on the Register of Historic Kansas Places. The State...

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