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DUNCAN v. CITY OF ARKANSAS CITY

No. 90,878

35 Kan.App. 2d 44 (2005)

RICHARD DUNCAN, LORA DUNCAN, BILLY F. FRANKLIN, EUNICE M. FRANKLIN, MICHAEL J. GROVES, JUDITH GROVES, TROY HOWERTON, DEBROAH HUNT, EUGENE JOHNSTON, OLETA B. GOFORTH-JOHNSTON, DAVID SCOTT RAINS, MICHELE RAINS, LAWRENCE F. RILEY, JOLETA S. RILEY, ANNA L. SCHONES, BOB SQUIRES, JOELYN SQUIRES, STEVE WHITE, AND PATSY WHITE, Appellants/Cross-appellees, v. CITY OF ARKANSAS CITY, KANSAS, and KANSAS DEPARTMENT OF TRANSPORTATION, Appellees/Cross-appellants.

Court of Appeals of Kansas.

Opinion filed February 17, 2006.

Attorney(s) appearing for the Case

Randall K. Rathbun, Dennis L. Gillen, and Tony L. Atterbury, of Depew, Gillen, Rathbun & McInteer, LC, of Wichita, for appellants/cross-appellees.

Otis W. Morrow, city special council, and Alvin D. Herrington and Edward L. Keeley, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, and Sally A. Howard, chief counsel, and Gelene Savage, of Kansas Department of Transportation, of Topeka, for appellees/cross-appellants.

Before HILL, P.J., GREENE, J., and BUKATY, S.J.

GREENE, J.:

Landowners in Cowley County whose properties were purportedly damaged by a 1998 flood due to the actions or inactions of governmental entities involved in a highway/levee project appeal the district court's summary judgment against them in favor of the City of Arkansas City (City) and the Kansas Department of Transportation (KDOT), arguing that the district court misapplied Kansas law governing liability of governmental entities. City and KDOT cross-appeal...

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