Memorandum

City of Lawrence

City Attorney’s Office

TO:                  David L. Corliss, City Manager

                        Toni Ramirez Wheeler, City Attorney

FROM:            Randy Larkin, Senior Assistant City Attorney

DATE:             March 4, 2013

RE:                  DeKosky v. City of Lawrence, Case No. 2013cv0013

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On October 15, 2012, the City cited Ms. DeKosky for being in violation of the City's occupancy limits as set forth at City of Lawrence, Kan., Code § 20-206(g) (Jan. 1, 2011). Ms. DeKosky appealed that citation to the Board of Zoning Appeals (BZA). After conducting a public hearing, on December 6, 2012, the BZA affirmed the October 15, 2012, citation. On January 11, 2013, Ms. DeKosky filed in the District Court of Douglas County, Kansas, the case styled, DeKosky v. City of Lawrence, Kan., Case No. 2013cv00013. In lieu of an answer, the City, through the City Attorney's Office, filed a motion to dismiss the case for lack of subject matter jurisdiction. Ms. DeKosky recently amended her petition to add the BZA as a named defendant. Although the City's and the BZA's interests are aligned in this case, there is a potential conflict of interest. For that reason, before entering its appearance in the case in behalf of the BZA, the City Attorney's Office has requested execution of a Notice and Waiver of Conflict from both the City and the BZA.

Requested Action:

Authorize the City Manager to execute a Notice and Waiver of Conflict of Interest, permitting the City Attorney's Office to represent jointly the City and the BZA in DeKosky v. City of Lawrence, et al., Case No. 2013cv0013, in which case Ms. DeKosky challenges a citation for being in violation of the City's occupancy limits.