NOTICE AND WAIVER OF CONFLICT OF INTEREST

In the case styled DeKosky v. City of Lawrence, Kansas, and Board of Zoning Appeals, Case No. 2013cv00013, filed in the District Court of Douglas County, Kansas, the interests of the City of Lawrence, Kansas, ("City") and the Board of Zoning Appeals ("BZA") are currently aligned.

After discussing the matter with counsel, the City and the BZA agree that the City Attorney's Office will be able to provide diligent and competent representation to both parties, that such dual representation is not prohibited by law, and that the City and the BZA would have no claim against the other in the pending litigation or in any other action pending in Douglas County, Kansas.

After carefully considering all possible present and future conflicts of interest, and having been fully informed of the potential for negative or adverse consequences arising from joint representation, the City and the BZA hereby consent to joint representation by the City Attorney's Office.

The City and the BZA understand that, at any time, they may choose to retain private, independent counsel in connection with this case. Similarly, the City and the BZA understand that if the City Attorney's Office determines that continued joint representation will create a disadvantage to either the City or the BZA, then the City Attorney's Office must withdraw its representation of both parties in this case.

CITY OF LAWRENCE, KANSAS

                                                          ________________________________

                                                          David L. Corliss

                                                          City Manager

BOARD OF ZONING APPEALS

                                                          ________________________________

                                                          Joshua Mahoney

                                                          Chair