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BOWERS v. CITY OF KANSAS CITY

No. 45,174

202 Kan. 268 (1968)

448 P.2d 6

ORVILLE JAMES BOWERS, ROBERT GEORGE BOWERS, T. BRYANT JOHNSON and MARY F. JOHNSON, Appellants, v. CITY OF KANSAS CITY, KANSAS, and URBAN RENEWAL AGENCY OF KANSAS CITY, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed December 7, 1968.

Attorney(s) appearing for the Case

Frank Saunders, Jr., of Overland Park, argued the cause and K.B. Wallace, Larry J. Austin, Thomas E. Allen, Barton Brown and Richmond M. Enochs, all of Overland Park, were with him on the brief for the appellants.

R.H. Foerschler, of Kansas City, argued the cause, and C. W. Brenneisen, Jr., City Attorney, Matthew G. Podrebarac, Assistant City Attorney, Paul Benedetti, Staff Counsel, Urban Renewal Agency, Willard L. Phillips, Patrick B. McAnany, Thomas M. Van Cleave, Jr., James J. Lysaught, John J. Jurcyk, Jr., Bill E. Fabian, Robert E. Fabian and Robert D. Benham, all of Kansas City, were with him on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

The plaintiffs bring this action seeking to enjoin the defendants, the City of Kansas City, Kansas and the Urban Renewal Agency of Kansas City, Kansas from taking their property through the medium of eminent domain proceedings undertaken in connection with the University-Rosedale Urban Renewal Project.

The action was tried to the court, which made findings of fact and conclusions of law, and entered...

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