Busch v. City of Augusta

Meyer, J.:

Appellants Larry and Ellen Busch (plaintiffs) appeal from a summary judgment in favor of appellee City of Augusta (defendant) in an action seeking damages for the destruction of plaintiffs’ real and personal property.

Plaintiffs were owners of a three-story brick-walled building located within the confines of defendant city, which is a duly organized municipality in Butler County, Kansas. Plaintiffs occupied this building for business purposes, operating an enterprise known as Busch Heating and Cooling.

On July 17, 1979, a fire was detected in the building. The fire department of the…