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GAULT v. BOARD OF COUNTY COMMISSIONERS

No. 46,192

208 Kan. 578 (1972)

493 P.2d 238

W.E. GAULT AND CAROLYN B. GAULT, husband and wife, Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1972.

Attorney(s) appearing for the Case

Maurice R. Hubbard, of Olathe, argued the cause, and James H. Bradley, of Olathe, was with him on the brief for appellant.

Park McGee, of Haskin, Noonan, McGee & Hinkle, of Olathe, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal by the condemner from a jury verdict increasing the appraisers' award in a condemnation proceeding.

The pertinent facts may be stated as follows: The landowners-appellees and cross-appellants owned a quarter section of land some 600 feet north of the city limits of the city of Gardner, Johnson County. On July 1, 1968, the Board of County...

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