Eberth v. Carlson

The opinion of the court was delivered by

Larson, J.:

This inverse condemnation case requires us to consider the application of Garrett v. City of Topeka, 259 Kan. 896, 916 P.2d 21 (1996), to the elimination of an existing highway crossover. This action is clearly not a compensable taking under our recent decisions in Pringle v. City of Wichita, 22 Kan. App. 2d 297, 917 P.2d 1351 (1996), and Hales v. City of Kansas City, 248 Kan. 181, 804 P.2d 347 (1991).

The question of whether a compensable taking occurred requires us to set forth the largely uncontroverted facts, show how the correct result…