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SANDERS v. STATE HIGHWAY COMMISSION

No. 46,678

211 Kan. 776 (1973)

508 P.2d 981

OWEN SANDERS, JR. and KARAN K. SANDERS, Appellants, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee, and CITY OF KANSAS CITY, KANSAS, a municipal corporation, and J.A. TOBIN CONSTRUCTION COMPANY, Defendants. J.L. BLANKENSHIP and HONEY BLANKENSHIP, Appellants, v. THE STATE OF KANSAS HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee, and CITY OF KANSAS CITY, KANSAS, a municipal corporation, and J.A. TOBIN CONSTRUCTION COMPANY, Defendants.

Supreme Court of Kansas.

Opinion filed April 7, 1973.

Attorney(s) appearing for the Case

Frederick K. Cross, of Kansas City, argued the cause and was on the brief for the appellants.

Elmer Hoge, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This consolidated appeal is from summary judgments entered in favor of the State Highway Commission of the State of Kansas (state highway commission) in actions brought by homeowners (plaintiffs) whose properties adjoin the right-of-way of Interstate Highway I-635 in Kansas City, Kansas.

On the morning of June 28, 1969, these homeowners looked out of the windows of their respective homes and discovered...

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