Legal Opinion · Dissent

Friends of Bethany Place, Inc. v. City of Topeka

Supreme Court of Kansas

Decided August 23, 2013No. 100,997Published

1DissentLahey, J.

Nearly 7 years have passed since Grace Cathedral and The Episcopal Diocese of Kansas, Inc. (the Church) put forth a proposal to construct a parking lot on its property. The parking lot would address the Church’s undisputed parking shortage and permit the elderly and handicapped to enjoy the property. This project is consistent with the underlying purpose of the Historic Preservation Act, which is “to foster and promote the conservation and use of historic property for the education, inspiration, pleasure and enrichment of the citizens of Kansas.” (Emphasis added.) K.S.A. 2012 Supp. 75-2715.…

2Cases cited12 opinions

  1. Society Hill Towers Owners' Association v. Edward G. RendellCourt of Appeals for the Third Circuit · 2000
  2. Finstad v. Washburn UniversitySupreme Court of Kansas · 1993
  3. Board of County Commissioners v. BrembySupreme Court of Kansas · 2008
  4. BOARD OF COM'RS OF SUMNER COUNTY v. BrembySupreme Court of Kansas · 2008
  5. Robinson v. City of Wichita Employees' Retirement Board of TrusteesSupreme Court of Kansas · 2010

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