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ESTATE OF KIRKPATRICK v. CITY OF OLATHE

Nos. 96,229, 96,981.

215 P.3d 561 (2009)

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

Supreme Court of Kansas.

September 4, 2009.

Attorney(s) appearing for the Case

James A. Gottschalk, of the Law Offices of Donald B. Balfour, of Chesterfield, Missouri, and Leonard A. Hall, assistant city attorney, of Olathe, argued the cause, and Diane S. Mills, of the Law Offices of Donald B. Balfour, of Overland Park, was with Leonard A. Hall on the briefs for appellant.

Nancy J. Crawford, of Smithyman & Zakoura, Chartered, of Overland Park, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by DAVIS, J.:

This inverse condemnation appeal comes before us on the landowner's petition for review of the decision by the Kansas Court of Appeals in Estate of Kirkpatrick v. City of Olathe, 39 Kan.App.2d 162, 178 P.3d 667 (2008). The landowner claimed that his home was substantially damaged as a result of the City of Olathe's construction of an adjacent roundabout, which altered the...

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