21 Jan 2014

KTKL Obtains Summary Judgment for its Client in a Kansas Water Rights Dispute

KTKL obtains summary judgment for its client in a Kansas water rights dispute:  A landowner in western Kansas alleged that KTKL’s client, National Beef Packing Company, LLC, and the City of Dodge City, Kansas had over pumped municipal wells, impairing Plaintiffs’ water rights under the Kansas Water Appropriation Action (“KWAA”).  Plaintiffs sought damages for the value of their property.  KTKL filed summary judgment on behalf of National Beef, arguing that plaintiffs could not establish impairment or damages without an expert witness.  The Court agreed, holding that a claim of impairment under the KWAA involved a complex hydrological analysis of the aquifer from which the plaintiffs obtain their water.  This type of analysis required an expert witness.  Because plaintiffs did not identify an expert witness to testify about impairment or plaintiffs’ alleged damages, National Beef was entitled to judgment as a matter of law.  A copy of the court’s order and the briefs filed by KTKL on National Beef’s behalf are linked below.

National Beef’s Motion for Summary Judgment

National Beef’s Memorandum in Support of Summary Judgment

National Beef Packing Company’s Reply in Support of Its Motion for Summary Judgment

National Beef’s Memorandum Order