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EBERTH v. CARLSON

No. 79,994.

266 Kan. 726 (1999)

971 P.2d 1182

CHARLES B. EBERTH, et al., Appellants, v. E. DEAN CARLSON, Secretary of the Kansas Department of Transportation, and CITY OF LANSING, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed January 29, 1999.

Attorney(s) appearing for the Case

Robert E. James, of Payne & Jones, Chartered, of Overland Park, argued the cause, and Keith Martin, of the same firm, was with him on the briefs for appellants.

Timothy P. Orrick, of Parkinson, Foth, & Orrick, L.L.P., of Lenexa, argued the cause, Mike Rees, chief counsel of the Kansas Department of Transportation, of Topeka, and Terry Lober, of Davis, Beall, McGuire & Thompson, of Leavenworth, were with him on the brief for appellees.

The opinion of the court was delivered by

LARSON, J.:

This inverse condemnation case requires us to consider the application of Garrett v. City of Topeka, 259 Kan. 896, 916 P.2d 21 (1996), to the elimination of an existing highway crossover. This action is clearly not a compensable taking under our recent decisions in Pringle v. City of Wichita, 22 Kan.App.2d 297, 917 P.2d 1351

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