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LANDAU INVESTMENT CO. v. CITY OF OVERLAND PARK

No. 74,627.

261 Kan. 394 (1997)

930 P.2d 1065

LANDAU INVESTMENT COMPANY, INC., and DEAUVILLE, INC., Appellants, v. CITY OF OVERLAND PARK, A Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1997.

Attorney(s) appearing for the Case

Ruth L. Landau, of Overland Park, argued the cause and was on the briefs for appellant.

Henry E. Couchman, Jr., of McAnany, Van Cleave & Phillips, P.A., of Kansas City, argued the cause, and Daniel B. Denk, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Landau Investment Co., Inc., (landowner) appeals from an order granting the City of Overland Park (City) leave to amend its eminent domain petition by correcting the legal description of easements taken. The question we must decide is whether on appeal from an appraisers' award, the district court can, under any circumstances, authorize an amendment of pleadings. We hold that under the unique circumstances...

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