Exposure of Party Wall Did Not Lead to Structural Instability; App. Ct. Affirms Summary Judgment in Case of Moldy Basement

TOPEKA, Kan. - An appeals court recently affirmed a district court's ruling that the city owner of a downtown commercial building did not breach any contractual duty to protect a party wall when the owner of the adjacent building alleged that exposure of the party wall to the elements during demolition caused water leaks and black mold. J.P. Asset Company, Inc., Appellant, v. City of Wichita, Appellee, and Cornejo & Sons, Inc., Gossen Livingston Associates, Inc., and Key Construction, Inc., Defendants, No. 89,559 (Kan. Ct. App.).

According to the June 13 opinion, the Kansas Court of Appeals found that the …