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BOND v. BOARD OF COUNTY COMMISSIONERS

No. 39,945

178 Kan. 668 (1955)

290 P.2d 1013

JAMES BOND, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF RUSSELL, KANSAS, and H.C. McCONNELL, E.L. DOUGHERTY, and JOHN STIELOW, as members of the Board of County Commissioners of the County of Russell, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed December 10, 1955.

Attorney(s) appearing for the Case

Charles Boyle, of Russell, argued the cause and was on the briefs for the appellant.

Robert J. Dole, county attorney, argued the cause, and Harold R. Fatzer. attorney general, and Paul E. Wilson, assistant attorney general, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

Plaintiff brought this action as a landowner and as a taxpayer to enjoin the defendant Board of County Commissioners of Russell County from proceeding in eminent domain, under the provisions of G.S. 1949, 68-114, to appropriate and pay for narrow strips of land, owned by himself and other taxpayers; lying adjacent to a certain township road; to be used in widening and constructing such road.

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