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WITTKE v. KUSEL

No. 47,353

215 Kan. 403 (1974)

524 P.2d 774

SOPHIA WITTKE and FRANK W. WITTKE, Plaintiffs-Appellants, v. JAMES A. KUSEL, BURL AYERS and BILL FRANKLIN, individually and as members of the BOARD OF COUNTY COMMISSIONERS OF SMITH COUNTY, KANSAS, and the BOARD OF COUNTY COMMISSIONERS OF SMITH COUNTY, KANSAS, Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

Jerry L. Harrison, of Beloit, argued the cause, and Don W. Noah, also of Beloit, was with him on the brief for the appellants.

James R. Fetters, county attorney, argued the cause and was on the brief for the appellees.

The opinion of the court is delivered by

FONTRON, J.:

This action is in the nature of an inverse condemnation. The plaintiffs are Sophia and Frank W. Wittke. The defendants are Smith County, Kansas, and the individual members of the Board of County Commissioners of that county. They will collectively be referred to either as the county or as defendants.

The Wittkes own a twenty acre tract of land described as the North Half (N 1/2) of the Southeast...

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