Lawrence cases in limbo as Kline leaves

Lawrence resident Dan Blomgren hopes his legal troubles with the state will fizzle now that Phill Kline is out and Paul Morrison has taken over the Kansas attorney general’s office.

“I might get a clean slate. All I’m asking for is a fair shake. That’s all I want,” said Blomgren, who with his wife owns Lawrence’s two Cork & Barrel liquor stores. “Kline and the attorneys he’s been picking are single-handedly persecuting me.”

Blomgren has tangled with attorneys from Kline’s office the past four years to fight state allegations that he illegally hid an ownership interest in another liquor store in 2001. District Court Judge Stephen Six last year upheld a state decision to revoke Blomgren’s license for the store at 901 Miss., but the case remains under appeal – a process that could take months longer.

“I’m hoping that Morrison might reshuffle the attorney mix, so to speak, and get some new attorneys in there that don’t have it in for me,” Blomgren said.

He’s one of several local residents watching the change in the attorney general’s office to see if it affects cases that have been filed against them. Other Lawrence-related cases handled by Kline’s administration:

¢ Memorial Park Cemetery. Following complaints about overgrown tombstones and shoddy maintenance at the Lawrence cemetery, Kline’s office filed a lawsuit in 2005 seeking to dissolve Lawrence Memorial Park Cemetery corporation and alleging the owners had looted the company’s trust funds. The most recent filing in the case came Friday, when an attorney for the cemetery’s ownership company filed a motion opposing the state’s request for “summary judgment” – a ruling in the state’s favor saying there is no issue to be decided.

¢ Towing lawsuit. Kline’s office sued local towing company TransMasters in 2005, alleging price-gouging and unfair practices. But District Court Judge Paula Martin ruled that the lawsuit amounted to de facto price controls prohibited by federal law. Kline appealed, and the case has not been decided.

“The attorney general always has the discretion to terminate an appeal if he decides it’s in the best interest of the state. Whether or not that would happen in this case, I have no idea,” said David Hauber, an attorney representing TransMasters. “It’s not like it’s an abortion case.”

¢ Construction lawsuit. Complaints about local contractor Brian Blevins and his company, Central Plains Construction, led Kline to file suit a year ago alleging Blevins had used “unconscionable” business practices such as accepting payment and failing to complete the work.

Court records indicate the state and Blevins have reached a settlement, but details of it weren’t available Monday.

“As far as I know, the case is resolved,” said Aaron McKee, Blevins’ attorney, but he said he couldn’t give more details.

¢ Hawk violations. The state’s Division of Alcoholic Beverage Control – represented by attorneys from the attorney general’s office – is seeking to revoke the liquor license of The Hawk, a campus-area bar at 1340 Ohio, based on repeat underage drinking violations.

Dan Owen, the Kansas City, Mo., attorney who represents both The Hawk and Cork & Barrel in their respective cases, said he didn’t know whether changes in the attorney general’s office will change the cases.

“I don’t know whether there would be any change of approach,” he said. “We’re certainly not counting on any.”

Kline declined comment on the cases through a spokesman. Morrison, who was sworn in Monday, could not be reached for comment.