FRIENDS OF BETHANY PLACE v. CITY OF TOPEKA

No. 100,997.

307 P.3d 1255 (2013)

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

Supreme Court of Kansas.

August 23, 2013.


Attorney(s) appearing for the Case

Shelly T. Starr , assistant city attorney, argued the cause, and Eric B. Smith , assistant city attorney, Mary Beth Murdock , chief of litigation, and Jackie Williams , city attorney, were on the briefs for appellant City of Topeka.

Nathan D. Leadstrom , of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, argued the cause, and H. Philip Elwood , of the same firm, was with him on the briefs for intervenors/appellants Grace Cathedral and The Episcopal Diocese of Kansas, Inc.

Pedro L. Irigonegaray , of Irigonegaray & Associates, of Topeka, argued the cause, and Shelley Hickman Clark , of University of Kansas School of Law, of Lawrence, was with him on the briefs 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 amicus curiae Kansas State Historical Society.


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

The Topeka City Council granted Grace Episcopal Cathedral and The Episcopal Diocese of Kansas, Inc. (the Church) a building permit for a parking lot on Bethany Place, a registered state historic site owned by the Church, despite complaints that the construction would adversely impact that historic site. As a matter of first impression, we must determine who is obligated under the Historic Preservation Act, K.S.A...

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