Drouhard v. City of Argonia

No. 126,102 IN THE COURT OF APPEALS OF THE STATE OF KANSAS SHAWN DROUHARD, Appellee, v. CITY OF ARGONIA, Appellant. SYLLABUS BY THE COURT 1. An easement holder commits a trespass by exceeding the rights provided under the easement. 2. A plaintiff who proves trespass can recover for any loss sustained. 3. No set measure of damages is required for a trespass claim. 4. When a district court fashions a remedy designed to make an injured party whole, an appellate court does not determine whether the remedy is the best remedy but considers whether the remedy fails to follow the applicable law or…