Garrett v. City of Topeka

The opinion of the court was delivered by

Lockett, J.:

Landowner initiated an inverse condemnation action, claiming that a city resolution placed limits on the right of commercial access from her property to the street and constituted a taking of the property. The trial court found that a taking of private property had occurred and awarded judgment to landowner. The City of Topeka (City) appeals. Jurisdiction is pursuant to K.S.A. 20-3018(c) (transfer from Court of Appeals on this court’s own motion).

The facts are uncontroverted. In 1988 plaintiff Lena Garrett and her husband, now deceased,…