Suit Pits Shuttlecocks Against Tennis Balls

By DAVID MARTIN

Trustees of the Nelson Gallery Foundation have filed a lawsuit against the city of Kansas City, Missouri, because the City Council blocked the Nelson-Atkins Museum of Art's plans to expand.

The trustees have leased land to the Rockhill Tennis Club since 1955, a relationship that has deteriorated over the years. In 2000, the trustees decided not to renew the lease upon its expiration in 2009. The trustees notified the club of its intention in 2004.

Club officials responded by trying to put political pressure on the Nelson. In the spring, the City Council passed an ordinance recognizing the club's role in "preserving the residential character of the Rockhill and Southmoreland neighborhoods."

Later, Councilwoman Beth Gottstein, who lives in Southmoreland, introduced an ordinance prohibiting museums in the area of 45th Street and Oak (cough, Nelson-Atkins, cough) from expanding. A subsequent fact sheet prepared by city staff said the Nelson had plans to build an outdoor sculpture garden on the grounds of the tennis club.

The fact sheet also stated that the Nelson had discussed moving staff onto club grounds. The stone house the club uses was built by William Rockhill Nelson as a wedding gift for his daughter.

In the suit, the Nelson trustees accuse the city of using its legislative authority to prevent the museum from making use of property it owns. The ordinance, the Nelson says, is "irrational, arbitrary and capricious." The trustees want the court to issue a permanent injunction preventing the ordinance from going into effect.

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