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MISSOURI PACIFIC RAILROAD CO. v. CITY OF TOPEKA

No. 47,065

213 Kan. 658 (1973)

518 P.2d 372

MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Appellee, v. THE CITY OF TOPEKA, a municipal corporation, and URBAN RENEWAL AGENCY OF THE CITY OF TOPEKA, Appellants.

Supreme Court of Kansas.

Opinion filed January 26, 1973.

Attorney(s) appearing for the Case

Donald Patterson, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause, and Dan E. Turner, city attorney, was with him on the brief for the appellants.

Ralph M. Hope, of Lilleston, Spradling, Gott, Stallwitz & Hope, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This lawsuit is brought by the Missouri Pacific Railroad Company pursuant to the provisions of the declaratory judgment act, K.S.A. 60-1701, et seq. The railroad seeks a determination that it is entitled to be compensated by the City of Topeka for its expenses in relocating its tracks in connection with an urban renewal project. The trial court determined that the city was required to provide compensation...

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