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ROSTINE v. CITY OF HUTCHINSON

No. 47,873

219 Kan. 320 (1976)

548 P.2d 756

IN THE MATTER OF THE CONDEMNATION OF LAND FOR CONTROLLED ACCESS HIGHWAY PURPOSES, APPEAL OF WILLIAM R. ROSTINE, BOYD L. ROSTINE, and THE HUTCHINSON CONCRETE COMPANY, Appellants and Cross-Appellees, v. CITY OF HUTCHINSON, KANSAS, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1976.

Attorney(s) appearing for the Case

Paul L. Aylward, of Ellsworth, and Frank S. Hodge, of Hutchinson, argued the cause, and Robert E. Laubengayer, of Ellsworth, was with them on the brief for the appellants and cross-appellees.

Robert J. Gilliland and John F. Hayes, of Gilliland, Hayes & Goering, of Hutchinson, argued the cause, and Charles K. Hyter, city attorney, was with them on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

OWSLEY, J.:

This is a partial taking condemnation case in which error is predicated on the admission and exclusion of evidence offered to show the before and after value of the condemned property.

On May 9, 1972, the City of Hutchinson, appellee herein, filed a petition in the district court of Reno County, pursuant to its power of eminent domain (K.S.A. 26-201), seeking...

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