Kirkpatrick v. City of Olathe, 39
Kan. App.2d 162, 178 P.3rd 667 (2008) reversed by Kansas Supreme
Court in 215 P.3rd 561 (2009). The Kansas Supreme Court upheld
the District Court decision that the City was liable for inverse
condemnation
for water leaking into a basement resulting from a roundabout project
and
liable for the owner’s attorney fees based upon interpretation of state
and
federal regulations.
Rodrock Enterprises, L.P. v. City
of Olathe and Olathe Planning Commission, 28 Kan App 2nd 860, 211
P.3rd 598 (2001). The Court of Appeals upheld a decision by
the Planning Commission to deny an application for a preliminary plat
because
the plat did not conform to the Woodland Road Corridor Study.
City of Olathe v. Stott, 253
Kan.786, 861 P.2nd 1287 (1993). In this landmark case, the
Kansas Supreme Court upheld the jury award on the value of a
petroleum-contaminated truck stop acquired by eminent domain by the
City.
The District Court and Supreme Court held that evidence pertaining to
reduction
in property value attributable to risk or stigma associated with the
environmental contamination was admissible in a jury trial.
