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BOARD OF PARK COMMISSIONERS v. FITCH

No. 41,270

184 Kan. 508 (1959)

337 P.2d 1034

THE BOARD OF PARK COMMISSIONERS OF THE CITY OF WICHITA, KANSAS, Appellant, v. HANFORD M. FITCH and LEAVENA FITCH, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Donald A. Bell, of Wichita, argued the cause, and Fred W. Aley and Lawrence E. Curfman, both of Wichita, were with him on the briefs for the appellant.

Emmet A. Blaes and Roetzel Jochems, both of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogart, Cecil E. Merkel, John W. Brimer, and Harry L. Hobson, all of Wichita, were with them on the briefs for the appellees.

The opinion of the court was delivered by

JACKSON, J.:

The Board of Park Commissioners of the city of Wichita began a proceeding to condemn a piece of real estate belonging to the appellees Fitch in February, 1956. The landowners being dissatisfied with the appraisement thereof appealed to the district court. In the trial in the district court, the jury rendered a verdict finding that the value of the land condemned amounted to $50,000. Appellant appealed...

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