TEACHERS INS. & ANNUITY ASS'N OF AM. v. CITY OF WICHITA

No. 48,118

221 Kan. 325 (1977)

559 P.2d 347

TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA; AMERICAN PETROFINA, INCORPORATED; AMERICAN PETROFINA COMPANY OF TEXAS; THE K-T OIL CORPORATION; JERRY A. EWY; WENDELIN HERMAN; TONY HERMAN; HERMAN OIL CO., INC.; ETHEL CERO and DEAN L. CERO, Co-administrators of the Estate of John Edward Cero, Deceased; ETHEL CERO, as an Individual; EDWARD J. CERO, An Individual Doing Business As CERO'S PROVINCIAL CANDY SHOPPE, Appellees, v. THE CITY OF WICHITA, KANSAS, A MUNICIPAL CORPORATION, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1977.


Attorney(s) appearing for the Case

Phillip Mellor, of Holmes, Darrah and Mellor, of Wichita, argued the cause and was on the brief for the appellant.

James B. McKay, Jr., of McKay and McKay, of El Dorado, argued the cause, and J.B. McKay, of the same firm, was with him on the brief for the appellees, Teachers Insurance and Annuity Association of America; American Petrofina, Incorporated; American Petrofina Company of Texas; The K-T Oil Corporation and Jerry A. Ewy.

Harry W. Saums, of Saums and Grant, of Wichita, argued the cause, and Russell E. Grant, of the same firm, was with him on the brief for the appellees, Ethel Cero, an individual, and Edward J. Cero, an individual, doing business as Cero's Provincial Candy Shoppe.

John P. Woolf, of Martin, Pringle, Schell & Fair, of Wichita, argued the cause, and Lee Thompson, of the same firm, was with him on the brief for the appellees, Wendelin Herman, Tony Herman and Herman Oil Co., Inc.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from the trial court's order in a declaratory judgment action, wherein the trial court held the action of the City of Wichita in changing Kellogg Street to a fully controlled access highway facility constituted a taking of private property for public use, therefore requiring the payment of compensation to landowners and others with an interest in the property who lost their existing...

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