Legal Opinion · Concurring in part, dissenting in part
Friends of the Bethany Place, Inc. v. City of Topeka
Court of Appeals of Kansas
Decided January 22, 2010No. 100,997Published
1Concurring in part, dissenting in partGreene, J.
I concur with the majority on the issue of standing, but I respectfully disagree with the analysis and holding of the majority in affirming the Topeka City Council’s (Council) action to override the opinion of the State Historical Preservation Officer (SHPO) and would affirm the district court.
Our legislature has proclaimed that the “historical, architectural, and cultural heritage of Kansas is an important asset of the state and that its preservation and maintenance should be among the highest priorities of government.” K.S.A. 2008 Supp. 75-2715. To that end, the legislature has created a…
2Cases cited15 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Friends of the Bow v. ThompsonCourt of Appeals for the Tenth Circuit · 1997
- Energy Reserves Group, Inc. v. Department of EnergyTemporary Emergency Court of Appeals · 1982
- Ross v. Federal Highway AdministrationCourt of Appeals for the Tenth Circuit · 1998
- Energy Reserves Group, Inc. v. Department of EnergyDistrict Court, D. Kansas · 1981
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