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ALLEN v. URBAN RENEWAL AGENCY

No. 43,464

192 Kan. 682 (1964)

390 P.2d 1020

R.D. ALLEN, STEVE LATTYAK, et al., Appellants, v. THE URBAN RENEWAL AGENCY OF THE CITY OF TOPEKA, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1964.

Attorney(s) appearing for the Case

Charles Rooney, Sr., of Topeka, argued the cause, and Charles Rooney, Jr. and James R. Ward, of Topeka, were with him on the briefs for Appellants. William L. Rees, of Topeka, was on the briefs for Leaseholder.

Gerald L. Goodell, of Topeka, argued the cause, and Lester M. Goodell, Marlin Casey, Raymond Briman, Murray F. Hardesty, Wayne T. Stratton and Robert E. Edmonds, of Topeka, were with him on the briefs for the Appellee.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from the trial court's order vacating the verdict and granting the Urban Renewal Agency, the condemner, a new trial.

The facts are briefly summarized: The Urban Renewal Agency commenced this proceeding to condemn land on East Fourth Street in the city of Topeka upon which a two-story brick building, approximately 60 years old, was located. Appraisers were appointed by the court...

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