RAY E. HEINZELMAN and FELICE HEINZELMAN, Husband and Wife, Appellants,
v.
STATE HIGHWAY COMMISSION OF KANSAS; FRED HALL, JOHN R. HALL, PERCY HALL, and VERNON HALL, doing business as HALL BROTHERS CONSTRUCTION CO., a Partnership; and THE CITY OF MARYSVILLE, KANSAS, a Municipal Corporation, Appellees.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed April 8, 1961.
Opinion filed April 8, 1961.
Attorney(s) appearing for the Case
Robert F. Galloway, of Marysville, argued the cause, and Edward F. Wiegers, of Marysville, was with him on the briefs for appellants.
Robert E. Ferguson, of Marysville, argued the cause, and William B. Kirkpatrick, Assistant Attorney General, of Topeka, was with him on the briefs for appellees. John J. Mendive, of Topeka, was on the briefs for State Highway Commission of Kansas; Francis F. Blundon, of Marysville, was on the briefs for The City of Marysville, Kansas, a Municipal Corporation, and Robert E. Ferguson, of Marysville, was on the briefs for Hall Brothers Construction Company, a partnership, all appellees.
Supreme Court of Kansas.
The opinion of the court was delivered by
FATZER, J.:
This case involves four hackberry shade trees growing in the parking in front of the plaintiffs' property. The action was to enjoin the State Highway Commission, the Hall Brothers Construction Company, a partnership, and the city of Marysville from removing the trees to construct a new sidewalk in conjunction with a highway improvement project on South 10th Street...
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