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J.P. ASSET CO. v. CITY OF WICHITA

No. 89,559

31 Kan.App. 2d 650 (2003)

70 P.3d 711

J.P. ASSET COMPANY, INC., Appellant, v. CITY OF WICHITA, Appellee, and CORNEJO & SONS, INC., GOSSEN LIVINGSTON ASSOCIATES, INC., and KEY CONSTRUCTION, INC., Defendants.

Court of Appeals of Kansas

Opinion filed June 13, 2003.

Attorney(s) appearing for the Case

Jeffrey E. Goering, of Thompson, Stout & Goering, LLC, of Wichita, for appellant.

Michael L. North, assistant city attorney, and Gary E. Rebenstorf, city attorney, for appellee.

Before KNUDSON, P.J., MARQUARDT, J., and PADDOCK, S.J.

MARQUARDT, J:

J.P. Asset Company, Inc. (JP) appeals the trial court's grant of summary judgment to the City of Wichita (City). We affirm in part and reverse in part.

The City owned the Woolworth building on South Market Street. The Woolworth building shared a party wall with the 100 South Market Street building. A party wall agreement for these two buildings had been executed in 1892. That agreement was amended in 1935 and 1938. The agreement required that...

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