City of Topeka v. Watertower Place Development Group

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 court entered sum mary judgment for the City, finding the contract to be unambiguous and that the City had properly terminated the…