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OTTAWA HUNTING ASS'N v. STATE

Nos. 39,761, 39,762

178 Kan. 460 (1955)

289 P.2d 754

OTTAWA HUNTING ASSOCIATION, INC., a corporation, Appellant, v. THE STATE OF KANSAS and HAROLD R. FATZER, Attorney General of Kansas, and ROSS BEACH, JR., HOWARD M. GILLESPIE, CHARLES E. KAUP, VERN R. MAYO, HUGH MILLER and FRANK F. YOUNG, members of the Forestry, Fish & Game Commission of Kansas, and COLBURN C. HOLMES, PAUL KEITH and JOHN R. SMITH, Commissioners, Appellees. STELLA THOMPSON, Appellant, v. THE STATE OF KANSAS and HAROLD R. FATZER, Attorney General of Kansas, and ROSS BEACH, JR., HOWARD M. GILLESPIE, CHARLES E. KAUP, VERN R. MAYO, HUGH MILLER and FRANK F. YOUNG, members of the Forestry, Fish & Game Commission of Kansas, and COLBURN C. HOLMES, PAUL KEITH and JOHN R. SMITH, Commissioners, Appellees.

Supreme Court of Kansas.

Opinion filed November 12, 1955.

Attorney(s) appearing for the Case

Douglas Hudson, of Fort Scott, and Oscar S. Brewer, of Kansas City, Missouri, argued the cause, and Howard Hudson and Douglas G. Hudson, both of Fort Scott, were with them on the briefs for the appellants.

Paul E. Wilson, Assistant Attorney General, argued the cause, and Harold R. Fatzer, Attorney General, and Noel Mullendore, of Howard, John H. Morse, of Mound City, and Harry C. Blaker, of Pleasanton, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

These consolidated cases were injunction actions by landowners to enjoin an arm of the state from exercising the right of eminent domain with respect to their property.

Plaintiffs have appealed from orders sustaining demurrers to their evidence and denying injunctive relief.

The questions involved in the two cases are identical, and our decision will apply to both. The discussion will concern...

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