Landau Investment Co. v. City of Overland Park

The opinion of the court was delivered by

Davis, J.:

Landau Investment Co., Inc., (landowner) appeals from an order granting the City of .Overland Park (City) leave to amend its eminent domain petition by correcting the legal description of easements taken. The question we must decide is whether on appeal from an appraisers’ award, the district court can, under any circumstances, authorize an amendment of pleadings. We hold that under the unique circumstances set forth, the court had such authority and affirm.

Facts

On January 27, 1994, the City filed a petition with the Johnson County District…