Judge denies effort to block Docking State Office Building demolition in downtown Topeka
A Shawnee County judge dismissed late Tuesday an effort to halt the demolition of the Docking State Office Building, saying the legal challenge was filed too late to merit consideration.
The challenge, filed by the historic preservation group Plains Modern, pushed to halt the building's demolition, arguing the state didn't follow proper procedures in orchestrating the project, given Docking's status on the National Register of Historic Sites.
Officials have long sought to replace or renovate Docking, which has sat largely empty in downtown Topeka for years.
More:What will downtown Topeka's new Docking State Office Building look like? Here are the renderings
Plains Modern argued that Docking is sound and a Topeka landmark
A plan to reduce Docking to three floors with a combination of office and events space was approved by Kelly and a panel of top Republican lawmakers in 2021, though Plains Modern and others have argued it eradicates a Topeka landmark that remains structurally sound.
The group's lawsuit argued the state didn't follow statutes governing the destruction of historical buildings. Under statute, the state's historical preservation officer must be notified and review the plans to tear down any building on the national or state register of historic places, such as Docking.
If they determine the plan would damage the building, demolition can't move forward until the governor determines there is no feasible alternative — something Plains Modern argues exists, pointing to an option to renovate all 12 floors of Docking.
More:Group asks court to halt Docking State Office Building demolition because of its history
But Shawnee County District Court Judge Teresa Watson rejected that argument, saying Kelly was not bound to notify the group of her March decision to allow the Docking demolition to move forward and that Plains Modern isn't entitled to rights given to protect individuals from being unfairly deprived of property and liberty.
Moreover, Watson said the lawsuit was filed beyond the 30 days generally allotted under state law for a legal challenge to be filed.
"Plains Modern failed to file its petition for judicial review within the statutory timeframe, depriving this Court of subject matter jurisdiction," Watson wrote. "Plains Modern is not entitled to relief based on principles of procedural due process."
More:As Kansas forges ahead with razing Docking building, Topeka's businesses are divided
Ruling allows Kansas to proceed with demolition of Docking
A spokesperson for Plains Modern didn't immediately return a request for comment. It is unclear if the group will appeal.
The ruling allows demolition of Docking to proceed. Fencing has sprung up around the building site in recent weeks and local authorities have shut off streets around the Statehouse square in anticipation of its destruction.
Samir Arif, a spokesperson for the Kansas Department of Administration, declined comment on Watson's decision.
More:Fences go up as Docking prepares to come down, with reopening slated for summer 2025
Asbestos abatement on interior upper floors and removal of building contents is already underway, outgoing administration secretary DeAngela Burns-Wallace told lawmakers last month, with crews set to begin physically deconstructing the building in March.
Renderings released last year show a three-story building that combines office space and an events center, as well as an outdoor plaza that includes the famed Poco Frazier murals on the building's exterior. Burns-Wallace said the project is projected to be completed in June 2025.
This article originally appeared on Topeka Capital-Journal: Topeka judge dismisses suit to block Docking Office Building tear down
