J.P. Asset Co. v. City of Wichita

Marquardt, J:

J.P. Asset Company, Inc. (JP) appeals the trial court’s grant of summary judgment to the City of Wichita (City). We affirm in part and reverse in part.

The City owned the Woolworth building on South Market Street. The Woolworth building shared a party wall with the 100 South Market Street building. A party wall agreement for these two buildings had been executed in 1892. That agreement was amended in 1935 and 1938. The agreement required that the cost of any repairs to the party wall were to be divided between the owners of the two buildings on a pro rata basis.

In 1994, the City…