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STATE HIGHWAY COMMISSION v. SAFEWAY STORES

No. 38,015

170 Kan. 545 (1951)

228 P.2d 208

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

Supreme Court of Kansas.

Opinion on rehearing filed March 6, 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 Mason Mahin, general counsel for highway commission, was 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. 1949, 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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