Pener v. KingAnnotate this Case
Adam Pener was the trustee and personal representative of a trust and estate that owned property condemned by the Kansas Department of Transportation for a highway improvement project. The district court found the damages from the taking were $295,702. Defendant appealed, arguing (1) the district court gave insufficient weight to the replacement value for a fence and to a comparable sale when it calculated the property’s value, and (2) the district court should have awarded him attorney fees and expenses. The Supreme Court affirmed, holding (1) the compensation award was supported by substantial evidence; and (2) the district court did not err in denying attorney fees and expenses.