THE URBAN RENEWAL AGENCY OF KANSAS CITY, KANSAS, and THE CITY OF KANSAS CITY, KANSAS, Appellants,
v.
JOSEPHINE BOURQUIN DECKER and ANDREW J. DECKER, et al., Appellees.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed June 11, 1966.
Opinion filed June 11, 1966.
Attorney(s) appearing for the Case
J.F. Steineger, of Kansas City, argued the cause and Clark Tucker and Paul Benedetti, of Kansas City were with him on the brief for appellants.
Edward H. Powers, of Kansas City, argued the cause and was on the brief for appellees.
Lester M. Goodell, Marlin S. Casey, Ernest J. Rice, Murray F. Hardesty, Glenn D. Cogswell, Gerald L. Goodell, Wayne T. Stratton, Robert E. Edmonds, Arthur E. Palmer, Thomas E. Wright and Roger R. Viets, all of Topeka, were on the brief for the Urban Renewal Agency of Topeka, Kansas, Amicus Curiae.
Robert L. Webb, Ralph W. Oman, Philip E. Buzick, William B. McElhenny, James D. Waugh, James L. Grimes, Jr., Donald J. Horttor, Terry L. Bullock and Stewart L. Entz, all of Topeka, were on the brief for The Kansas Power and Light Company, Amicus Curiae.
Stanley Garrity, Wichita, was on the brief for the Kansas Gas and Electric Company, Amicus Curiae.
Norman W. Jeter, Hays, was on the brief for the Central Kansas Power Company, Amicus Curiae.
Jack Glaves, of Wichita, was on the brief for the Urban Renewal Agency of the Wichita, Kansas, Metropolitan Area, Amicus Curiae.
John H. Morse, Barton E. Griffith and Richard L. Hedstrom, all of Topeka, were on the brief for The State Highway Commission of Kansas, Amicus Curiae.
Albert B. Martin, Wright W. Crummett and Wendell E. Yockey, all of Topeka, were on the brief for the League of Kansas Municipalities, Amicus Curiae.
Supreme Court of Kansas.
The opinion of the court was delivered by
FROMME, J.:
This is an appeal from a hearing under the Eminent Domain Procedure Act, K.S.A. 26-501, et seq. The petition for eminent domain was filed by the Urban Renewal Agency and the City of Kansas City, Kansas, in the district court of Wyandotte county. Two of the property owners were permitted to file an answer objecting to the proceedings and claiming that the taking was not necessary to the lawful purposes...
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