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RAY v. STATE HIGHWAY COMMISSION

No. 44,137

196 Kan. 13 (1966)

410 P.2d 278

R.E. RAY and SADIE RAY, his wife, Appellants, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1966.

Attorney(s) appearing for the Case

Charles W. Harris, of Wichita, argued the cause, and Lawrence Weigand, Lawrence E. Curfman, Byron Brainerd, Orval J. Kaufman, J. Ruse McCarthy, Donald A. Bell, J.L. Weigand, Jr., Spencer L. Depew, Paul M. Buchanan and Charles R. Moberly, all of Wichita, were with him on the brief for the appellants.

Charles N. Henson, Assistant Attorney General, argued the cause, and David H. Fisher, Donald Patterson, C.K. Saylor, Jack L. Summers and Edwin D. Smith, all of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by landowners to recover damages on an implied contract for the value of property rights alleged to have been appropriated by the State Highway Commission without condemnation and without the payment of just compensation. The landowners allege the State Highway Commission has unlawfully taken their right of direct access to U.S. Highway No....

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