Thompson v. Kansas City Power & Light Co. - Supreme Court of Kansas

Thompson v. Kansas City Power & Light Co.

By Supreme Court of Kansas

  • Release Date: 1972-03-04
  • Genre: Law
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Thompson v. Kansas City Power & Light Co. Supreme Court of Kansas Book Review Score: ★★★★★ 5/5 stars

The opinion of the court was delivered by Appellants are the owners and tenants of a tract of real estate
in Johnson County, Kansas. On February 10, 1969, appellee, a
Missouri corporation, filed a petition in the District Court in
Johnson County, Kansas, seeking to condemn a right of way across
appellants' land. On February 20, 1969, appellants appeared
before the district court and presented an answer and motion for
more definite statement. Counsel for appellants urged to the
court that the petition must be plead factually and may not be
simply a notice pleading. Counsel for appellee took the position
that the statutes of Kansas did not require a condemnation
petition to contain allegations of specific and detailed
evidentiary proof substantiating the taking. The district court
found the petition to be sufficient and overruled and denied
appellants' motion for more definite statement. The district
court refused to allow appellants
[208 Kan. 870]
to introduce any evidence on their affirmative defenses and over
appellants' objection to the procedure ruled the court must
restrict its consideration only to the petition of the condemner
and because the petition alleged the taking of appellants'
property was necessary to the condemner's lawful corporate
purposes, the petition for condemnation would be granted.

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