K & R Partnership v. City of Whitefish

¶1 Appellant City of Whitefish (Whitefish) appeals from the jury verdict and final order of the Eleventh Judicial District, Flathead County, awarding Appellee K&R Partnership (K&R) $161,000 for its inverse condemnation claim and $94,788.23 for litigation expenses. K&R cross appeals, challenging the District Court’s decision to disallow “cost to cure” evidence and the court’s partial denial of its claimed expenses. We reverse in part, affirm in part, and remand for further proceedings consistent with the opinion herein.

¶2 We consider the following issues on appeal, beginning with the issues…