(Download) "Robertson v. City of Topeka" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Robertson v. City of Topeka
- Author : Supreme Court of Kansas
- Release Date : January 08, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by Plaintiff William F. Robertson appeals from a judgment dismissing a negligence action for failure to state a claim upon which relief can be granted. K.S.A. 60-212(b)(6). Robertson sued the City of Topeka and three officers of the Topeka Police Department for damages sustained to real property he owns in the City of Topeka. He alleges the officers negligently failed to evict a trespasser from the property. The discretionary function exception in the Kansas Tort Claims Act, K.S.A. 1981 Supp. 75-6101 et seq., is implicated. Whether dismissal pursuant to K.S.A. 60-212(b)(6) was appropriate must be decided from the well-pleaded facts of plaintiff's petition. Weil & Associates v. Urban Renewal Agency, 206 Kan. 405, 413, 479 P.2d 875 (1971); Robertson v. McCune, 205 Kan. 696, 700, 472 P.2d 215 (1970); Knight v. Neodesha Police Dept., 5 Kan. App. 2d 472, 475, 620 P.2d 837 (1980). For purposes of review, this court assumes the facts pleaded to be true.