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LOFLAND v. SEDGWICK COUNTY

No. 80,312.

26 Kan. App.2d 697 (1999)

996 P.2d 334

GARY L. LOFLAND and DEBRA S. LOFLAND, LIEUANA L. MAHANEY, CLAYTON THURMAN and JAN THURMAN, Appellants, v. SEDGWICK COUNTY, Appellee.

Court of Appeals of Kansas.

Opinion filed August 20, 1999.

Attorney(s) appearing for the Case

Derek S. Casey, of Hutton & Hutton, of Wichita, for appellants.

Eric B. Metz, and Rachael K. Pirner, of Triplett, Woolf & Garretson, LLC, of Wichita, for appellee.

Before MARQUARDT, P.J., PIERRON, J., and GLENN D. SCHIFFNER, District Judge, assigned.

SCHIFFNER, J.:

Gary L. Lofland, Debra S. Lofland, Lieuana L. Mahaney, Clayton Thurman, and Jan Thurman (Lofland group) appeal from the district court's order granting Sedgwick County's (County) motion for summary judgment on the Lofland group's claims of intentional trespass and nuisance, and from the court's application of the discretionary function exception to the Kansas Tort Claims Act (KTCA).

The Lofland group were homeowners in the Fairway Meadows development...

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