Lambert v. City of Emporia

Rees, J.:

An order of summary judgment was entered against plaintiffs and in favor of the four defendants. Plaintiffs filed a notice of appeal as to all defendants but later dismissed their appeal as to the City of Emporia. We affirm the order of summary judgment as to the remaining defendants, Markowitz Builders, Inc., J. Trevor Lewis & Associates, and Montgomery Ward.

Plaintiffs and the City were adjoining landowners. There was a one-story building on the property of each. The two buildings shared a common or party wall. The roofing was continuous from each building to the other; there was no…