CROSS v. CITY OF KANSAS CITY

No. 53,238

230 Kan. 545 (1982)

638 P.2d 933

FRED CROSS, SR., et ux., Appellants, v. CITY OF KANSAS CITY, KANSAS and KANSAS CITY, KANSAS BOARD OF PUBLIC UTILITIES, Appellees.

Supreme Court of Kansas.

Opinion filed January 15, 1982.


Attorney(s) appearing for the Case

Donald W. Vasos, of Scott, Daily & Vasos, of Kansas City, argued the cause and was on the brief for appellants.

Daniel B. Denk, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, argued the cause, and Robert J. Watson, city attorney, and Annette Eslick, assistant city attorney, were with him on the brief for appellees.

Neil R. Shortlidge, first assistant city attorney, Overland Park, was on the brief for the amicus curiae, League of Kansas Municipalities.


The opinion of the court was delivered by

HOLMES, J.:

Plaintiffs Fred K. Cross and Zelma Cross, husband and wife, appeal from an order of the district court sustaining a motion for summary judgment by the defendants, City of Kansas City, Kansas (City), and the Kansas City, Kansas Board of Public Utilities (BPU).

Plaintiffs were the owners of a lumberyard business located in the Argentine industrial district of Kansas City. On June 9, 1978, the lumber...

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