Spacek v. City of Topeka

The opinion of the court was delivered by

Fatzer, J.:

This was an action for the alleged appropriation of the plaintiff’s property by the city of Topeka and the Board of County Commissioners of Shawnee County without compensation or consent, and for damages caused by the continuing use of the plaintiff’s land. The plaintiff’s petition, filed February 16, 1960, alleged that by virtue of such appropriation and continued use, a nuisance was created, and he prayed for damages in the amount of $10,600. The defendants demurred to the petition and the city’s demurrer was overruled, but the Board of…