HUDSON v. CITY OF SHAWNEE

No. 62,448

246 Kan. 395 (1990)

790 P.2d 933

A.B. HUDSON and FAIRWAY OIL, INC., Appellants/Cross-appellees, v. THE CITY OF SHAWNEE, KANSAS, A municipal corporation, Appellee/Cross-appellant.

Supreme Court of Kansas.

Opinion on rehearing filed April 13, 1990.


Attorney(s) appearing for the Case

Michael A. Preston, of McDonald, Preston & Louk, Chartered, of Overland Park, was on the briefs for appellants/cross-appellees.

Marvin E. Rainey, of Marvin E. Rainey & Associates, of Overland Park, was on the brief for appellee/cross-appellant.


The opinion of the court was delivered by

HERD, J.:

This is a condemnation case. A.B. Hudson and Fairway Oil, Inc., (landowners) appeal an award for the taking of permanent and temporary easements. The City of Shawnee (City) cross-appeals the trial court's pretrial ruling that the City acquired the right to deny access to the property during the entire two-year term of the temporary easement. This case again comes before us on a petition for rehearing. Landowners...

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