Western Casualty & Surety Co. v. City of Frankfort

CULLEN, Commissioner.

Pansy Thompson recovered judgment for $8,938 against the City of Frankfort, on a “reverse-condemnation” theory, for damages to her land arising out of the operation by the city of a garbage and trash dump on a tract adjoining Pansy’s farm. Trash was so dumped and piled on the city’s tract that it spilled over onto Pansy’s land, and the encroaching acts continued over a substantial period of time despite repeated complaints by Pansy. The judgment in favor of Pansy was appealed to this court and was affirmed in City of Frankfort v. Thompson, Ky., 483 S.W.2d 446.

The appeal…