Juhnke v. Hess

The opinion of the court was delivered by

Harman, C.:

This is an action against an attorney for damages for failure to file a timely appeal upon behalf of his client in a condemnation proceeding. At issue is the timeliness of the filing of the damage action against the attorney.

Plaintiff owned certain land adjacent to the Hutchinson municipal airport, which land became the subject of a condemnation proceeding in which air rights over plaintiff’s land were taken by the city. It appears that the appraisers’ report in the condemnation action was filed in district court on May 26, 1969, and…