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ESTATE OF KIRKPATRICK v. CITY OF OLATHE

Nos. 96,229, 96,981.

178 P.3d 667 (2008)

ESTATE OF Archie KIRKPATRICK, Appellee, v. The CITY OF OLATHE, Kansas, Appellant, and Cook, Flatt & Strobel, Engineers, P.A., Defendant.

Court of Appeals of Kansas.

March 7, 2008.

Attorney(s) appearing for the Case

Leonard A. Hall, assistant city attorney, and Diane S. Mills, of Law Offices of Donald B. Balfour, of Kansas City, Missouri, for appellant.

Nancy J. Crawford, of Smithyman & Zakoura, Chartered, of Overland Park, for appellee.

Before GREEN, P.J., GREENE and LEBEN, JJ.

GREENE, J.

The City of Olathe (the City) appeals the district court's judgment on a claim of inverse condemnation in favor of the Estate of Archie Kirkpatrick, arguing that its actions did not constitute a compensable taking of the Estate's property. We agree and reverse the district court.

Factual and Procedural Background

Archie Kirkpatrick owned and resided in property that sits on the northwest corner of the intersection at Ridgeview Road...

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