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ROWHUFF v. KANSAS TURNPIKE AUTHORITY

No. 40,861

182 Kan. 748 (1958)

324 P.2d 147

In the Matter of the Condemnation of Land for Kansas Turnpike. (W.R. ROWHUFF and ELLEN ROWHUFF, his wife, Appellees, v. THE KANSAS TURNPIKE AUTHORITY, Appellant.)

Supreme Court of Kansas.

Opinion filed April 12, 1958.

Attorney(s) appearing for the Case

Robert M. Cowger, of Topeka, and James W. Putnam, of Emporia, argued the cause, and Thomas W. Cunningham and Bruce Works, both of Topeka, and Richard Mankin, of Emporia, were with them on the briefs for the appellant.

Everett E. Steerman and Elvin D. Perkins, both of Emporia, argued the cause and were on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal in an eminent domain proceeding commenced by the Kansas Turnpike Authority to condemn 6.45 acres of land made necessary by the construction of the Kansas Turnpike. The authority moved to abandon the proceeding, to withdraw funds in the amount of the appraisers' award paid into the clerk of the court, and to dismiss the landowners' appeal from the appraisers' award, all of which motions were...

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