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JOHNSON v. BOARD OF PRATT COUNTY COMM'RS

No. 71,419

21 Kan. App. 2d 76 (1995)

ONEITA JOHNSON and CLARA JOHNSON, Plaintiffs/Appellants/Cross-Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF PRATT COUNTY, et al., Defendants/Appellees/Cross-Appellants, and KANSAS DEPARTMENT OF TRANSPORTATION, Third-Party Defendant/Appellee.

Court of Appeals of Kansas.

Opinion filed May 31, 1995.

Attorney(s) appearing for the Case

Keith Renner, of Barnett, Yockers, & Renner, P.A., of Wakarusa, for the appellants/cross-appellees.

Allen C. Glendenning, of Watkins, Calcara. Rondeau & Friedeman, Chtd., of Great Bend, for the appellees/cross-appellants the Board of Pratt County Commissioners, et al.

J. Stan Sexton and John A. O'Leary, of Hampton, Royce, Engleman & Nelson, L.C., of Salina, for the appellee/cross-appellant Mid-Continent Engineers.

Theresa A. Pasek, staff attorney, and Michael B. Rees, chief counsel, for the appellee Kansas Department of Transportation.

Before BRISCOE, C.J., RULON and GREEN, JJ.

BRISCOE, C.J.:

Oneita and Clara Johnson appeal from the trial court's entry of summary judgment that dismissed their claims for damages to their real estate from river flooding, which they contend was caused by the design and construction of a new bridge upstream from their properties.

The Johnsons own and live on adjoining pieces of real estate on the Ninnescah River in Pratt County, Kansas. The river runs from the west to the east, passing first through...

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