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SODEN v. STATE HIGHWAY COMMISSION

No. 43,349

192 Kan. 241 (1963)

387 P.2d 182

LELA U. SODEN, HUBERT I. SODEN, and ALINE SODEN, Appellants, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 7, 1963.

Attorney(s) appearing for the Case

L.M. Cornish, Jr., of Topeka, argued the cause, and Evart Garvin and William Davison, both of St. John, Ralph F. Glenn, M.D. Bartlow, Gary Rohrer, Jan W. Leuenberger, and Roger R. Viets, all of Topeka, were with him on the briefs for the appellants.

Ward D. Martin, of Topeka, argued the cause, and William M. Ferguson, Attorney General, Chas. N. Henson, Jr., Assistant Attorney General, and Orville E. Caruthers, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment denying a petition for injunction which sought to enjoin the condemnation of land for the purpose of constructing a grade separation at the intersection of two main highways.

The general facts, which are not in dispute, will first be stated.

The defendant, the State Highway Commission, straightened U.S. Highway 50S and relocated the highway intersection...

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