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Official's lawsuit to block apartment plan dismissed

Ann Kelley Published: November 11, 2003

SHAWNEE The lawsuit filed by a city commissioner against his fellow commissioners to block the building of an apartment complex near his home was dismissed Monday.

Commissioner James Harrod and his wife, Kaye Steele Harrod, filed the lawsuit Jan. 30 in an attempt to prevent a 54-unit apartment complex from being developed by Farnam Group Resources.

The Harrods, who live at 1303 W Farrall, allege the city commission wrongfully approved the rezoning of 500 S Kennedy for the $4.5 million project that will allow its residents to rent at an income-adjusted rate.

The Harrods wanted the zoning reversed, claiming that a wrong address listed on a zoning notification confused them about where the apartment complex was going to be built.

District Judge Douglas Combs said he dismissed the case after finding the Harrods had been sufficiently notified by the city about the proposed zoning change.

The ruling came at the request for a summary judgment by the city's attorney, David Cawthorn.


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