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KANSAS HOMES DEVELOPMENT CO. v. KAN. TURNPIKE AUTHORITY

No. 40,410

181 Kan. 885 (1957)

317 P.2d 789

KANSAS HOMES DEVELOPMENT COMPANY, INC., et al., Appellees, v. THE KANSAS TURNPIKE AUTHORITY OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed November 9, 1957.

Attorney(s) appearing for the Case

Lester M. Goodell, of Topeka, argued the cause, and Robert M. Cowger, of Topeka, and Donald C. Little, of Kansas City, were with him on the briefs for the appellant.

Willard L. Phillips, of Kansas City, argued the cause, and Conrad Miller, Joseph H. McDowell, and Thomas C. Lysaught, all of Kansas City, and Charles W. Hess, of Kansas City, Mo., were with him on the brief for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal in an eminent domain proceeding by the Kansas Turnpike Authority from an order of the district court granting a new trial and setting aside a verdict, and for costs. The landowner, Kansas Homes Development Company, Incorporated, had appealed from the award of the appraisers.

We shall refer to Kansas Turnpike Authority as the authority, to Kansas Homes Development Company, Incorporated...

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