City of Roeland Park v. Jasan Trust

The opinion of the court was delivered by

Nuss, J.:

This appeal involves a dispute between a lessee and its sublessee over the apportionment of a condemnation award. The Jasan Trust was the property fee owner, BCB, L.L.C. (BCB) was the leasehold owner, and Payless Shoesource, Inc. (Payless) was a subtenant of BCB. After court-appointed appraisers determined the just compensation for the undivided fee interest, the district court apportioned that award between the Jasan Trust and BCB. Pursuant to a lease agreement, the court later apportioned BCB’s award between BCB and Payless. BCB appeals…