City of Lawrence
City Attorney's Office
TO: David L. Corliss, City Manager
Toni Ramirez Wheeler, City Attorney
CC: Scott McCullough, Director of Planning and
Development Services
FROM: Randall F. Larkin, Senior Assistant City Attorney
DATE: January 15, 2103
RE: SUP-12-00225, "Rock Chalk" Park
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Fairway, LC, as owner of record of the property on which "Rock Chalk" Park has been proposed, filed with the City an application for a Special Use Permit, as required by local law, to permit certain uses on that property. On December 21, 2012, Fairway, LC, transferred its interest in the subject property to RCP, LLC. It has been suggested that, as a result of that transfer, the second reading of the proposed Ordinance granting the Special Use Permit should be deferred because the proposed Ordinance references Fairway, LC, as the owner of record. The City Attorney's Office disagrees.
The City Attorney's Office has been in contact with RCP, LLC. It is the understanding of the City Attorney's Office that RCP, LLC, has appointed Fairway, LC, as its agent to complete the application for the special use permit. Because that is the case, it is the opinion of the City Attorney's Office that, under the law, the special use permit may be granted to RCP, LLC, based on the application of its agent, that the second reading of the Ordinance may therefore proceed, and that the proposed ordinance can be amended ministerially before publication to accurately reflect the relationship of the parties.