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MOYER v. BOARD OF COUNTY COMMISSIONERS

No. 44,442

197 Kan. 23 (1966)

415 P.2d 261

EDWARD B. MOYER, HELEN J. MOYER, JAMES B. MOYER and LIDDEY R. MOYER, Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF LYON COUNTY, KANSAS, Appellee, H.L. KENDIG and ROXANNA KENDIG, Appellants.

Supreme Court of Kansas.

Opinion filed June 11, 1966.

Attorney(s) appearing for the Case

Norman E. Gaar and Alvin D. Shapiro, both of Kansas City, Missouri, argued the cause, and Elvin D. Perkins, of Emporia, was with them on the briefs for the appellants.

James W. Putnam and Richard Mankin, both of Emporia, argued the cause, and Jerry R. Demo, of Emporia, was with them on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment in a mandamus action which stemmed from a zoning controversy.

A bypass designated I-35 is being constructed north of the city of Emporia, Kansas, extending east and west. There will be three limited access interchanges, one at Burlingame Road for the east side of Emporia; one at Highway 99 for the central business district, and one at Industrial Road for the west...

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