(DOWNLOAD) "Universal Motor Fuels, Inc. v. Johnston" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Universal Motor Fuels, Inc. v. Johnston
- Author : Supreme Court of Kansas
- Release Date : January 31, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The opinion of the court was delivered by The issue in this case is whether the plaintiff landowner, Universal Motor Fuels, Inc., has a cause of action for breach of contract against the Kansas Department of Transportation (KDOT) or is limited to a claim for inverse condemnation. The trial court held the landowner has no cause of action for breach of contract. The landowner dismissed the claim for inverse condemnation (without prejudice) and appealed. The landowner owns real estate in Goddard, Kansas, which abuts U.S. Highway 54, a controlled access highway. In 1962, Haynes Pruitt, Eileen Pruitt, Andrew Pruitt, Doris Pruitt, and Universal Service Station, Inc. (the landowner's predecessors) entered into a contract with the State Highway Commission (now known as KDOT) in which the Pruitts and Universal Service Station, Inc. sold a portion of their highway access rights to KDOT, but reserving certain rights. The deed (which the contract merged into) stated in pertinent part: ""[T]he parties of the first part [plaintiff's predecessors], in consideration of the sum of One Hundred Dollars to Them in hand paid by party of the second part [KDOT], receipt whereof is hereby acknowledged by these presents, do grant, bargain, sell and convey unto the party of the second part forever all their right, title and interest in and to the following described real estate lying and situate in the County of Sedgwick and State of Kansas, to wit: ""`FOR CONTROLLED ACCESS HIGHWAY PURPOSES' the land in Lot 1, Block C Pruitt's Addition to Goddard, shall have no right or easement of access to the highway over and across the North line of Lot 1, Block C; Except and reserving however, unto owners of abutting land, their successors or assigns, the right of access to said highway for the purpose of entrances over and across the following described courses: BEGINNING at a point on the North line of said Lot 1, Block C, 49.0 feet East of the Northwest Corner thereof: thence East along said North line 45.0 feet; also beginning at a point on said North line, 169.0 feet East of said Northwest Corner; thence East along said North line 45.0 feet; Also beginning at the Northeast Corner of said Lot 1, Block C and extending West along said North line, 40.0 feet."" (Emphasis added.) The landowner asserts that in this 1962 deed, its predecessors promised to give KDOT all of their access rights to U.S. 54 except for the three reserved areas. In return, the landowner contends that KDOT promised to give the landowner's predecessors $100
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