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Developer Halts Kemper Arena Plan Following Threat Of Lawsuit

K.C.-based architecture firm Foutch Brothers made a "sudden decision last week to drop its plan to redevelop Kemper Arena" after agricultural organization American Royal Association "sent a letter threatening a lawsuit," according to Lynn Horsley of the K.C. STAR. In an Oct. 17 letter, Chase Simmons of the Polsinelli law firm, representing the American Royal, "warned Foutch to 'cease and desist' from its efforts to have Kemper Arena declared a historic structure, which would have helped with the financing for its proposed project." For months, Foutch and the American Royal have "pitched rival plans for the future of Kemper Arena." While the American Royal has "advocated demolishing Kemper and replacing it with a smaller multipurpose building, Foutch argued for preserving the arena and turning it into a regional youth sports facility." But the American Royal "felt Foutch was interfering in a detrimental way with its lease with the city, which extends through 2045 for the American Royal Complex, including Kemper Arena." After receiving the letter, Foutch Brothers "abruptly announced it was dropping its plan." Company reps "declined at the time to elaborate on the decision, except to say that it was prompted by 'circumstances beyond their control.'” Foutch’s withdrawal "means Kemper’s demolition is more likely because an effort to preserve the arena through national historic designation has been halted" (K.C. STAR, 11/4).

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