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CITY OF WELLINGTON v. MILLER

No. 44,972

200 Kan. 651 (1968)

438 P.2d 53

THE CITY OF WELLINGTON, KANSAS, Appellee, v. WILLIAM L. MILLER and DONNA MAY MILLER, Appellants.

Supreme Court of Kansas.

Opinion filed March 9, 1968.

Attorney(s) appearing for the Case

Phillip Mellor, of Wichita, and William M. Ferguson, of Wellington, argued the cause, and John Jay Darrah and Charles A. Sparks, Jr., both of Wichita, and W.H. Schwinn, Tom L. Schwinn and Marsh D. Doctor, all of Wellington, were with them on the briefs for the appellants.

C.E. Russell, of Wellington, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a voluntary dismissal of an appeal by the condemner in a condemnation proceeding.

The facts are limited. The City of Wellington condemned certain lands for street improvement purposes including land of the appellants. The city paid the amount of the appraisers' award on all tracts, costs and appraisers' fees into court on June 24, 1966. On the same day the city took an appeal...

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