Kan. City Mall Assocs. v. Unified Gov't of Wyandotte County/KCKSAnnotate this Case
In this eminent domain action, the Unified Government of Wyandotte County/Kansas City, Kansas (Unified Government) condemned a shopping center owned by Kansas City Mall Associates (KC Mall). The jury awarded compensation of approximately $7 million to KC Mall. KC Mall appealed, arguing that the district court erred by admitting evidence from a 2005 tax appeal as well as certain testimony and reports from appraisal experts for Unified Government. The Supreme Court affirmed, holding (1) the 2005 tax appeal evidence was admissible for purposes of impeachment as well as substantive evidence; and (2) the district court did not err by admitting the testimony and reports of Unified Government's expert appraisers because zoning at the time of a taking is only one of the factors to be considered in determining highest and best use of a property subject to eminent domain.