Date: 01-29-1999

Case Style: City of Wichita v. McDonald's Corp., et al.

Case Number: 79,840

Judge: C. Robert Bell and Timothy G.

Court: District Court, Sedgwick County, Kansas

Plaintiff's Attorney: Joseph W. Kennedy, Gary E. Rebenstorf, and Robert W. Coykendall of Morris, Laing, Evans, Brock & Kennedy, Chartered, Wichita, Kansas and Dougles J. Moshier of the City of Wichita, Kansas

Defendant's Attorney: Alan R. Pfaff of Kahrs, Nelson, Fanning, hite & Kellogg L.L.P., Wichita, Kansas

Description: Condemnation - Eminent Domain - In 1995, the City of Wichita began a project on US Highway 54 which ran parallel to Sam's Wholesale Club (property of Wal-Mart). This construction eliminated access into the parking lot and the eastbound motorists could no longer see Sam's because of solid concrete supports that were placed during construction. Court appointed appraisers awarded Wal-Mart $128,904 in damages and the City appealed to the District Court.

Outcome: The court entered a judgment against Wal-Mart for $71,104 which was the difference between the original condemnation award of $128,904 and the City's $57,800 valuation. The district court ruled: (1) such considerations were improper, (2) granted summary judgment in favor of the City, (3) held as a matter of law (a) the changes in access were not unreasonable; (b) Wal-Mart had no right to continuing view by the public; and (c) there was no taking of access.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed by the Supreme Court of Kansas. See: 971 P.2d 1189 (Kan. 1999). The date above reflects the appellate date, not the original trial date. Reported by bsg.