ATKINSON v. STATE HIGHWAY COMMISSION

No. 41,296

184 Kan. 658 (1959)

339 P.2d 334

PAUL ATKINSON and JEAN ATKINSON, His Wife; CITY OIL AND GAS COMPANY, INC., Corporation; and ROGER A. MARTIN, Appellees, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 16, 1959.


Attorney(s) appearing for the Case

Stanley Taylor, of El Dorado, and Jerry Ann Foster, of Topeka, argued the cause, and W.B. Kirkpatrick, assistant attorney general, was with them on the briefs for the appellant.

Philip E. Buzick, of Topeka, and Robert P. Anderson, of Overland Park, argued the cause, and Robert L. Webb, Ralph W. Oman, Robert A. McClure, and James D. Waugh, all of Topeka, and Lyndus A. Henry, of Overland Park, were with them on the briefs for the appellees.


The opinion of the court was delivered by

ROBB, J.:

This is an action for injunctive relief. The appeal is by the state highway commission, defendant below, from an order made by the trial court permanently enjoining contemplated improvements by the commission on its previously condemned right of way adjacent to plaintiffs' land for the reason that plaintiffs' right of access was thereby limited without just compensation.

The petition in pertinent...

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