Area Real Estate Associates, Inc. v. City of Raymore

The majority opinion purports to hold as a matter of law that the City had no easement right to construct an additional line to the Boneless Beef property [as a defense to plaintiff’s claim for damages in Count III of its petition in the nature of inverse condemnation occasioned by defendant city’s entry upon, installation and construction of a sewer line in and over a portion of plaintiff’s property, done without permission as alleged]. In this holding, I am convinced, the majority opinion errs, and I therefore dissent. Upon the issues submitted on plaintiff’s claim, and the grant of the…