Nida v. American Rock Crusher Co.

The opinion of the court was delivered by

Allegrucci, J.:

The plaintiffs, Gary and Debbie Nida, appeal from an order of the district court entering summary judgment against the Nidas in an action for damages to their residence. The Nidas’ residence was damaged when the surface of their land sank approximately 10 feet due to subsurface mining operations, which had ceased 30 years before the subsidence occurred. Summary judgment was granted on the grounds that the Nidas’ action, which was brought within two months of the collapse, was untimely under K.S.A. 1992 Supp. 60-513(b). The Court of…