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MOORE v. ASSOCIATED MATERIAL & SUPPLY CO.

No. 76,948.

263 Kan. 226 (1997)

948 P.2d 652

MARK MOORE, JOANNE MOORE, RICHARD CRONEY, GENEVA CRONEY, ELIZABETH DICKEN, CAINDY PERRY, FAY FISHER, LLOYD A. MOURNING, NANCY MOURNING, ROBERT JONES, LUCILLE JONES, RICK LANGEROT, IRENE LANGEROT, LARRY WATSON, DIANA WATSON, DONALD MUNDT, DEBORAH SCHIELL, JAMES DUSTIN, JAMES RHODES, THERESA RHODES, MELODY A. STREET, VIRGINIA CRILE, and ST. JOSEPH MEDICAL CENTER, Appellee, v. ASSOCIATED MATERIAL AND SUPPLY COMPANY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed November 7, 1997.

Attorney(s) appearing for the Case

Corlin J. Pratt, of Grace, Unruh & Pratt, of Wichita, argued the cause, and Brian G. Grace and Terry L. Unruh, of the same firm, were on the briefs for appellants.

David J. Morgan, of Hershberger, Patterson, Jones, & Roth, L.C., of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

This is an appeal by a group of homeowners (Homeowners) who have sued the operator of a sand pit adjacent to their property, Associated Material & Supply Company, Inc., (Associated), for damages alleged to have been caused during floods in May and July 1993. Homeowners claimed a pile of overburden constructed by Associated diverted floodwater onto their property.

The trial court granted summary...

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