• vcard
D 913.234.7525
F 913.451.6205
  • 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 is a former Co-Chair of Polsinelli's national Real Estate Litigation working group. She represents shopping centers, national property management firms, property owners and investors, and high-volume residential investors, advising them regarding litigation, drafting and interpretation of leases, amendments, indemnification agreements, releases, and other types of contracts. 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 quiet title actions, partition, premises liability, and other areas. She has resolved hundreds of lease 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. 

Kelly has significant experience litigating and resolving a broad variety of real estate issues, including: 
  • Advising shopping center owners and managers
  • Commercial and residential lease disputes
  • Real estate litigation
  • Purchase and sale contracts
  • Business contract disputes 
  • Business torts
  • 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)
text icon Publications & Presentations
Co-Author, COVID-19 Blog
December 15, 2020
eAlerts Updates
December 15, 2020
text icon Publications & Presentations
Co-Author, COVID-19 Blog
June 4, 2020
text icon Publications & Presentations
Considerations for Retailers Looking to Exit Their Leases
ICSC Shopping Center Law & Strategy
Summer 2019
text icon Publications & Presentations
Mitigation of Damages
Presenter, International Council of Shopping Centers, Law Conference, Orlando, Florida
October 26, 2018
text icon Publications & Presentations
Co-Author, Law Journal Newsletters: Commercial Leasing Law & Strategy
July 2018
podcast icon Podcasts
Polsinelli Podcast
June 2018
eAlerts Updates
January 2018
text icon Publications & Presentations
Surviving the Retail Apocalypse: Polsinelli Experts Offer a Guide
RE Journals
December 26, 2017
webinar Webinars
December 7, 2017