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DEISHER v. KANSAS DEPT. OF TRANSPORTATION

No. 78,725.

264 Kan. 762 (1998)

958 P.2d 656

FRANCIS and PHYLLIS DEISHER, Appellants, v. KANSAS DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Kansas.

Opinion filed April 24, 1998.

Attorney(s) appearing for the Case

James B. Jackson, of Kansas City, Missouri, argued the cause, and Joseph R. Borich, III, of Leawood, was with him on the briefs for appellant.

John W. Strahan, first assistant attorney, 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

LOCKETT, J.:

Plaintiffs filed an inverse condemnation action against the Kansas Department of Transportation (KDOT) alleging a loss of water to their well was caused by KDOT's actions. The district court found that plaintiffs' proper remedy was in tort rather than in inverse condemnation and granted summary judgment to KDOT. Plaintiffs appealed, claiming the district court erred in ruling that the plaintiffs could...

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