RUSSELL v. TREANOR INVESTMENTS L.L.C.

No. 117,973.

466 P.3d 481 (2020)

Brian RUSSELL and Brent Flanders, Trustee of the Brent Eugene Flanders and Lisa Anne Flanders Revocable Family Trust, Appellants, v. TREANOR INVESTMENTS L.L.C. and 8th & New Hampshire L.L.C., Appellees.

Supreme Court of Kansas.

Opinion filed June 26, 2020.


Attorney(s) appearing for the Case

Brian P. Russell, appellant pro se, argued the cause and was on the briefs.

Todd N. Thompson , of Thompson Warner, P.A., of Lawrence, argued the cause, and Sarah E. Warner , of the same firm, was with him on the briefs for appellee Treanor Investments, L.L.C.

Mark T. Emert , of Fagan Emert & Davis, L.L.C., of Lawrence, argued the cause and Brennan P. Fagan , of the same firm, was with him on the briefs for appellee 8th & New Hampshire, LLC.


In this appeal, a condominium owner challenges construction plans for a downtown Lawrence development, claiming the proposed project violates the development's recorded size and use restrictions existing when the owner purchased his unit. He claims his consent is required before those changes occur. The district court and a Court of Appeals...

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