Wendler v. City of Great Bend

The opinion of the court was delivered by

Schroeder, J.:

The question presented in this appeal is whether the operation of a municipal airport is a governmental function affording the municipality governmental immunity from tort liability in such operations.

This action comes before the court on appeal from a ruling of the lower court striking the defense of governmental immunity from the answer of the defendant, which the defendant contends is a meritorious defense.

In Boettcher v. Criscione, 180 Kan. 39, 299 P. 2d 806, this court held that an order sustaining a motion to strike is appealable as…