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  • Education
    • J.D., University of Kansas School of Law, 2003, Kansas Journal of Law & Public Policy; Writer/Articles Editor; KU Law School Moot Court Competition Best Brief Award, Co-Recipient, Spring 2002; Order of the Coif Award Recipient, 2003
    • B.A., cum laude, Kansas State University, 2000, Study Abroad, Instituto Tecnológico de Estudios Superiores de Monterrey, Monterrey, Mexico, Summer 1998

Kelly Stohs is a seasoned business litigator who has focused the last decade of her practice on real estate litigation. Kelly represents national property management firms, property owners and investors, and high-volume residential investors, advising them regarding drafting and interpretation of leases, amendments, indemnification agreements, releases, and other types of contracts. Kelly has resolved hundreds of complex contract disputes and lease interpretation issues, such as restrictive and exclusive-use covenants, radius clauses, anchor tenant clauses, constructive eviction, successor liability, tenant improvement disputes with national tenants, jurisdiction issues, mold and habitability issues, and others. In addition, Kelly has broad experience in other areas of real estate litigation, such as actions for specific performance of real estate contracts, reformation of deeds and clear title actions, premises liability, and other areas.

She has significant experience litigating and resolving a broad variety of commercial issues including:

  • Commercial landlord/tenant litigation
  • Residential landlord/tenant litigation
  • Education law
  • Contract disputes
  • Commercial breach of warranty
  • The Uniform Commercial Code (UCC)
  • Fraud
  • Business torts

In addition to her depth of experience litigating and resolving real estate disputes and other contract disputes, Kelly has significant experience in education law litigation and has represented school district clients in defending due process complaints, Section 504 claims filed with the Office of Civil Rights, and tort litigation in federal court.

  • Obtained Temporary Restraining Order on behalf of shopping mall REIT prohibiting consumer from returning to shopping center due to previous security breaches by consumer and threat to public safety (Kansas)
  • Represented shopping center owner in litigation involving national retailers’ cooperative regarding exclusive restrictions  and CAM charges  (Kansas City)
  • Defended sublessor in ADA discrimination action asserted against sublessor and national restaurant tenant which was resolved with no payment of attorney fees by sublessor  (Alabama)
  • Defended shopping center owner in litigation with national retailer regarding CAM charges and obtained dismissal based on lack of jurisdiction  (Kansas City)
  • Represented landlord in dispute with national tenant regarding termination date of lease  (Kansas City)
  • Defended developer and landlord in multiple lawsuits by community college and others involving constructive eviction arising from delay and termination of project (Kansas City)
  • Resolved discrimination claim against national real estate company with a portfolio of more than one million square feet of retail and other types of properties  (Kansas)
  • Assisted national retailer with analysis of damages and early exit strategies in regard to closure of stores in shopping centers across the country 
  • Resolved national tenant’s constructive eviction claim against landlord based on heating and air conditioning issues and obtained early termination of lease without payment of future rent (Florida)
  • Assisted national tenant in obtaining early termination of lease without payment of future rent (New York)
  • Represented largest for-profit operator of health facilities in the world regarding dispute regarding Reciprocal Easement Agreement dispute involving hospital and adjacent medical facility
  • Assisted national nonprofit health system with constructive eviction claim against landlord based on deteriorating condition of hospital and obtained early termination 
  • Resolved restaurant franchisee’s dispute with landlord regarding delivery and commencement of lease 
  • Defended restaurant tenant against claims of waste by bank that intervened in action by shopping center owner (Kansas)
  • Represented national restaurant chain in lawsuit involving abatement of rent for landlord’s failure to retain “major tenants” identified in the lease, and enforced settlement agreement against landlord (Kansas)
  • Defended medical clinic tenant in nuisance dispute by city (Kansas City)  
  • Resolved national veterinary laboratory’s claims against landlord regarding access to premises and CAM charges (Kansas)
Publication and Presentations Icon Publications & Presentations
Practical Law, a Thomson Reuters Company
Co-Authors: Amy Morgan and Kelly Stohs
February 5, 2014 (Updated May 2016)
eAlerts Alerts
September 2, 2015
Publication and Presentations Icon Publications & Presentations
Kansas Bar Association
Panelist for Annual Meeting CLE Presentation
June 19, 2015
webinar Webinars
March 24, 2015
eAlerts Alerts
June 9, 2014
eAlerts Alerts
May 9, 2014
Publication and Presentations Icon Publications & Presentations
Top Ten Federal Circuit Cases of 2011
Kansas City Metropolitan Bar Association
Presenter
March 2, 2012
Publication and Presentations Icon Publications & Presentations
Litigating Non-Compete Agreements in Kansas
Kansas Defense Journal
Co-Author
January 2008
Publication and Presentations Icon Publications & Presentations
Distributor, License, and Franchise Actions
Co-author of revised Chapter 5 Franchise Actions
August 27, 2006
Publication and Presentations Icon Publications & Presentations
E-Discovery: Civil Litigation Strategies
Kansas Bar Association
Co-Presenter
February 14, 2006
Past Events