City of Wichita v. Meyer

The opinion of the court was delivered by

Six, J.:

This first impression case arises from a condemnation initiated by the City of Wichita (City) to acquire land for its $6 million ice rink project. The issues are tied together in a land acquisition Gordian knot. Our task is to resolve the controversy without harming established concepts of eminent domain law. In doing so, we untie rather than arbitrarily cut the knot.

The City appeals two orders entered by the district court. In the first order, after the properly owner R.E.M. Properties (REM) appealed the initial condemnation award, the…