City of Arkansas City v. Bruton

Greene, J.:

Ronald D. and Rebecca A. Bruton (Brutons) appeal the district court’s summary judgment in favor of the City of Arkansas City in this complex litigation regarding tire scope of an easement and involving claims and counterclaims seeking declaratory and injunctive relief, together with inverse condemnation damages, as a result of the City’s improvements of a dike being *44maintained across the Brutons’ property. Concluding that the easement should be construed more narrowly than did tire district court and that a genuine issue of material fact precluded summary judgment, we reverse and…