EVENSON v. LILLEY

No. 102,100.

228 P.3d 420 (2010)

Mark EVENSON and Janis Evenson, Appellants, v. Tim LILLEY, Appellee.

Court of Appeals of Kansas.

April 8, 2010.


Attorney(s) appearing for the Case

John Terry Moore, of Moore Martin, LC, of Wichita, for the appellants.

Vince P. Wheeler, of Hite, Fanning & Honeyman L.L.P., of Wichita, for the appellee.

Before STANDRIDGE, P.J., PIERRON, J., and BUKATY, S.J.


PIERRON, J.

Mark and Janis Evenson appeal the district court's conclusion that damage by fire to outbuildings and trees by a negligently caused fire constituted permanent damage to their property and, therefore, the proper measure of damages was the diminution in the property's value rather than the cost of repairs or replacement.

The underlying facts of the case are not seriously in dispute. The Evensons own a 160-acre tract of land in rural Greenwood County...

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