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STATE HIGHWAY COMMISSION v. SAFEWAY STORES

No. 38,015

170 Kan. 413 (1951)

226 P.2d 850

STATE HIGHWAY COMMISSION, Appellee, v. (Isabelle S. Weiss, et al.) SAFEWAY STORES, INC., Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1951.

Attorney(s) appearing for the Case

Raymond H. Carr, of Mission, argued the cause, and Rolla W. Coleman, of Mission, was with him on the briefs for the appellant.

Roy S. Lowe, of Olathe, and W.B. Kirkpatrick, of Topeka, argued the cause, and Stanley Taylor, general counsel for highway commission, and John W. Breyfogle, Jr., of Olathe, were with them on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This action originated as a condemnation proceeding to acquire land for state highway purposes under the provisions of G.S. 1935, 26-101. Isabelle S. Weiss, the landowner, accepted payment of the award made by the appraisers for the land taken and is not a party to this appeal. Safeway Stores, Incorporated, the tenant of the landowner, operated a grocery store facing the highway which was sought to be widened...

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