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UNIVERSAL MOTOR FUELS, INC. v. JOHNSTON

No. 73,994.

260 Kan. 58 (1996)

917 P.2d 877

UNIVERSAL MOTOR FUELS, INC., Appellant, v. MICHAEL L. JOHNSTON, SECRETARY OF THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 31, 1996.

Attorney(s) appearing for the Case

Phillip Mellor of Mellor & Miller, of Wichita, argued the cause, and Arden P. Miller and Mark Mellor, of the same firm, were with him on the briefs for appellant.

John W. Strahan, first assistant attorney, of Kansas Department of Transportation, argued the cause, and Michael B. Rees, chief counsel, was with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

The issue in this case is whether the plaintiff landowner, Universal Motor Fuels, Inc., has a cause of action for breach of contract against the Kansas Department of Transportation (KDOT) or is limited to a claim for inverse condemnation. The trial court held the landowner has no cause of action for breach of contract. The landowner dismissed the claim for inverse...

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