GLENNON v. CITY OF KEARNEY (2023)

Missouri Court of Appeals, Western District.

Thomas K. GLENNON, Respondent, v. CITY OF KEARNEY, Missouri, Appellant.

WD 85463

Decided: April 18, 2023

Before Division Two: Alok Ahuja, Presiding Judge, Anthony Rex Gabbert, Judge and Thomas N. Chapman, Judge

Kenneth Berra, Overland Park, KS counsel for appellant. Eric Sexton, Overland Park, KS co-counsel for appellant. Mark Molner, Shawnee, KS counsel for respondent. Michael Bene, Shawnee, KS co-counsel for respondent.

ORDER

Thomas Glennon (“Glennon”) brought a two-count inverse condemnation action against the City of Kearney, Missouri (the “City”) for damages to his property caused by sewer backups in May of 2015 and August of 2016. The jury found in favor of Glennon on both counts, and the Circuit Court of Clay County entered judgment consistent with the verdict. The City raises six points on appeal. In its first four points, the City contends that the trial court erred in denying its motion for directed verdict and its motion for judgment notwithstanding the verdict (“JNOV”). The City's fifth and sixth points assert error with the instructions submitted at trial. Because a published opinion would have no precedential value, a memorandum has been provided to the parties. The judgment is affirmed. Rule 84.16(b).

Per Curiam:

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