Weast v. Budd

The opinion of the court was delivered by

Fatzer, J.:

This was an action to recover damages from the city of Parsons, Kansas, and Bernard T. Budd, the city manager, alleged to have been sustained by the plaintiff as a result of the city’s commencement and abandonment of an eminent domain proceeding to take his entire farm for water works improvement. The defendants filed a motion to strike certain allegations of the plaintiff’s second amended petition, which was sustained in part, and the plaintiff has appealed.

The allegations of the second amended petition are briefly summarized: On September…