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BOWEN v. CITY OF KANSAS CITY

Nos. 53,436, 53,437, 53,441

231 Kan. 450 (1982)

646 P.2d 484

GEORGE A. BOWEN and SHIRLEY BOWEN, Appellants, v. THE CITY OF KANSAS CITY, KANSAS, A Municipal Corporation, SECRETARY OF TRANSPORTATION, STATE OF KANSAS and L. FRANK WILCOX, Appellees. A. POOLE AND B. BRUNKER, Appellants, v. CITY OF KANSAS CITY, KANSAS, A Municipal Corporation, SECRETARY OF TRANSPORTATION, STATE OF KANSAS and L. FRANK WILCOX, Appellees. CHARLOTTE McGOWEN, Appellant, v. THE CITY OF KANSAS CITY, KANSAS, A Municipal Corporation, SECRETARY OF TRANSPORTATION, STATE OF KANSAS and L. FRANK WILCOX, Appellees.

Supreme Court of Kansas.

Opinion filed June 11, 1982.

Attorney(s) appearing for the Case

John H. Fields, of Carson, Fields, Boal, Jeserich and Asner, of Kansas City, argued the cause and was on the brief for each appellant.

Harold T. Walker, assistant city attorney, argued the cause and Robert J. Watson, city attorney, was with him on the brief for appellee City of Kansas City.

Charles S. Scott, Jr., staff attorney of the office of chief counsel, argued the cause and was on the brief for appellee Secretary of Transportation.

L. Frank Wilcox argued the cause and was on the brief pro se.

The opinion of the court was delivered by

HOLMES, J.:

This appeal involves three cases that were consolidated at the trial court level and they are consolidated on appeal. Plaintiffs in each case are landowners who in Count I of the petitions are claiming damages, due to flooding of their properties, on the theory that the defendants have created and are maintaining a nuisance which results in periodic flooding. The...

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