City of Wichita v. B G Products, Inc.

The opinion of the court was delivered by

Herd, J.:

This is a condemnation action by the City of Wichita (City) filed against B G Products, Inc. (B G). The action was abandoned after the filing of the court-appointed appraisers’ report. Pursuant to K.S.A. 26-507(b), the district court awarded B G $145,802.33, including $123,000 in attorney fees, for the expenses it incurred in defense of the action. The City appeals and B G cross-appeals. We affirm.

The background for this dispute is not complicated. The City, a municipal corporation, possesses the power of eminent domain. B G is a petrochemical…