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FRANKS v. STATE HIGHWAY COMMISSION

No. 40,688

182 Kan. 131 (1957)

319 P.2d 535

KARL W. FRANKS and ESTHER FAYE FRANKS, his wife, Appellees, v. STATE HIGHWAY COMMISSION of the STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1957.

Attorney(s) appearing for the Case

William B. Kirkpatrick, of Topeka, and Stanley Taylor, of El Dorado, argued the cause, and Henry L. Daniels, of Topeka, was with them on the briefs for the appellant.

A. Harry Crane, of Topeka, argued the cause, and Ralph F. Glenn, L.M. Cornish, Jr., Ward D. Martin, Arthur L. Claussen, and Harvey D. Ashworth, all of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by the state highway commission in a suit in equity by landowners to enjoin the commission from limiting and controlling plaintiffs' right of access from their land to a relocated highway. The trial court overruled the commission's demurrer to plaintiffs' amended petition and this appeal by the commission from that order followed.

We shall refer to the plaintiffs as they were in...

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