Lux v. City of Topeka

The opinion of the court was delivered by

Schroeder, J.:

This is an action for permanent damage to plaintiffs’ property caused by a change of grade at Kansas Avenue, between Crane and First Streets in the City of Topeka, by the construction of an approach to the new bridge across the Kansas River at Kansas Avenue. The trial court sustained the defendant City’s motion for summary judgment on the ground the plaintiffs failed to comply with the provisions of K. S. A. 12-105. Appeal has been duly perfected.

The only question presented on appeal is whether the plaintiffs were required to give the…