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KOHN ENTERPRISES, INC. v. CITY OF OVERLAND PARK

No. 48,092

221 Kan. 230 (1977)

557 P.2d 771

KOHN ENTERPRISES, INC., Appellee, v. CITY OF OVERLAND PARK, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed January 7, 1977.

Attorney(s) appearing for the Case

Marvin E. Rainey, of Rainey, Wiglesworth and Duwe, of Overland Park, argued the cause and was on the brief for the appellant.

Keith Martin, of Payne and Jones, Chartered, of Olathe, argued the cause, and Ronald L. Bodinson of the same firm was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an appeal by the condemner in an eminent domain proceeding in which the landowner was awarded damages by a jury in district court for restriction of access to its property.

On October 29, 1971, the city of Overland Park filed its petition in eminent domain to acquire an interest in land owned by Kohn Enterprises, Inc., in connection with the city's improvement of the intersection located...

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