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McCALL SERVICE STATIONS, INC. v. CITY OF OVERLAND PARK

No. 47,350

215 Kan. 390 (1974)

524 P.2d 1165

McCALL SERVICE STATIONS, INC., Appellee, v. CITY OF OVERLAND PARK, KANSAS, a Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

Marvin E. Rainey, of Rainey and Wiglesworth, of Overland Park, argued the cause, and James T. Wiglesworth, of the same firm was with him on the brief for the appellant.

John J. Ziegelmeyer, of Kansas City, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal by the landowner in an eminent domain proceeding, initiated by the City of Overland Park, from the award of the court appointed appraisers.

On the 29th day of October, 1971, the City of Overland Park (defendant-appellant), filed a petition in eminent domain pursuant to K.S.A. 26-201, et seq., to acquire real property for the improvement of the intersection of 63rd Street...

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