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Real Property: Inverse Condemnation-Request for Damages
Staff Report//January 2, 2024//
The parties cross-appealed the verdicts entered in plaintiffs’ inverse condemnation action, filed after the city stopped maintaining a drainage channel running by plaintiffs’ properties that was suffering from significant flow-induced erosion. Plaintiffs requested their respective damages from the taking and prejudgment interest from the date of taking.
Where the trial court’s judgment did not resolve the matter of prejudgment interest or determine the date of taking, the judgment was not final, and the court had to dismiss the cross-appeals.
Appeal is dismissed.
Davis v. City of Kearney (MLW No. 80936/Case No. WD85669 – 9 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from circuit court, Clay County, Alexander, J. (Meghan A. Litecky, Kansas City, MO for appellants) (Eric C. Sexton, Overland Park, KS for respondent)
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