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WILLIAMSON v. CITY OF HAYS

No. 87,771

275 Kan. 300 (2003)

64 P.3d 364

THOMAS L. WILLIAMSON and WYNEMA D. WILLIAMSON, husband and wife; TERRY L. WILLIAMSON and DEBI J. WALKER, a/k/a DEBI J. WALKER WILLIAMSON, husband and wife, Appellants, v. CITY OF HAYS, KANSAS, and WESTERN PLAINS SERVICE CORPORATION, Appellees.

Supreme Court of Kansas

Opinion filed March 7, 2003.

Attorney(s) appearing for the Case

John C. Herman, of Hays, argued the cause and was on the brief for appellants.

Dennis L. Bieker, of Dreiling, Bieker & Hoffman, LLP, of Hays, argued the cause and was on the brief for appellee Western Plains Service Corporation.

James M. McVay, of Watkins, Calcara, Rondeau, Friedeman, Bleeker, Glendenning & McVay, Chtd., of Great Bend, argued the cause and was on the brief for appellee City of Hays.

The opinion of the court was delivered by

DAVIS, J.:

Thomas Williamson, Wynema Williamson, Terry Williamson, and Debi Walker Williamson brought suit against the City of Hays (City) and Western Plains Service Corporation (Western) for trespass, negligence, and injunctive relief based upon the collection, accumulation, and flow of water and other materials through a storm sewer drainage system over their property. The district court granted summary judgment...

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