BARKER v. COUNTY OF WYANDOTTE

No. 42,350

188 Kan. 750 (1961)

366 P.2d 291

In the Matter of the Condemnation of Land for Hutton Road — Appeal of ALBERT H. BARKER, Appellant, v. COUNTY OF WYANDOTTE, Appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1961.


Attorney(s) appearing for the Case

Alan W. Farley, of Kansas City, argued the cause, and was on the briefs for appellant.

Conrad Miller, Assistant County Counselor, of Kansas City, argued the cause, and Thomas C. Lysaught, County Counselor, of Kansas City, was with him on the briefs for appellee.


The opinion of the court was delivered by

FATZER, J.:

This appeal arises out of a condemnation proceeding commenced by the board of county commissioners of Wyandotte County to improve and reconstruct a benefit-district road.

The facts are not in dispute. The appellant, Albert H. Barker, owned certain real estate deemed necessary by Wyandotte County to improve and reconstruct Hutton Road as a secondary road project. On October 7, 1957, being unable...

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