Vickers v. City of Kansas City

The opinion of the court was delivered by

Schroeder, J.:

This is an action by Rex L. Vickers (plaintiff-appellant) against the City of Kansas City, Kansas, and the Kansas State Highway Commission (defendants-appellees) for damages based upon the alleged negligence of the defendants, the creation and maintenance of a nuisance by the defendants and inverse condemnation of plaintiff’s real property. During the discovery stage of the lawsuit and prior to docketing the case for trial, the motion of the City for an order pursuant to K. S. A. 1973 Supp. 60-237 dismissing the cause of action was…