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BALDWIN v. CITY OF OVERLAND PARK

No. 45,538

205 Kan. 1 (1970)

468 P.2d 168

NORBERT I. BALDWIN and BEVERLY M. BALDWIN, Appellees, v. THE CITY OF OVERLAND PARK, KANSAS, a Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed April 11, 1970.

Attorney(s) appearing for the Case

Donald C. Amrein, of Mission, argued the cause and was on the brief for the appellant.

John H. Johntz, Jr., of Payne & Jones, of Olathe, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

HARMAN, C.:

This is an action for damages against a city for alleged maintenance of a nuisance created by flow of water in a drainage ditch adjoining plaintiffs' property.

Trial to the court resulted in a judgment for plaintiffs from which the city has appealed.

The evidence developed at trial, about which there is no dispute, revealed the following:

In 1962 plaintiffs purchased the property...

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