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RIDDLE v. STATE HIGHWAY COMMISSION

No. 41,235

184 Kan. 603 (1959)

339 P.2d 301

FRANCIS M. RIDDLE and LUCILE G. RIDDLE, His Wife, d/b/a Topeka Motel, Appellees, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 16, 1959.

Attorney(s) appearing for the Case

Charles J. Carroll, Assistant Attorney, State Highway Commission, of Great Bend, argued the cause, and William B. Kirkpatrick, Assistant Attorney General, and Michael A. Barbara, both of Topeka, were with him on the briefs for the appellant.

Charles Rooney, Sr., of Topeka, argued the cause, and Charles Rooney, Jr., and James L. Galle, both of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

FATZER, J.:

This was an eminent domain proceeding commenced by the State Highway Commission (commission) to acquire a right of way for the relocation of U.S. Highway 24 as a controlled access highway through Calhoun Bluffs northeast of Topeka. The landowners, Francis M. and Lucile G. Riddle (plaintiffs) appealed to the district court from the award of the appraisers. The commission...

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