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SOUTHEAST KAN. LANDOWNERS ASS'N v. KAN. TURNPIKE AUTH.

No. 48,726

224 Kan. 357 (1978)

582 P.2d 1123

THE SOUTHEAST KANSAS LANDOWNERS ASSOCIATION, et al., Appellants, v. THE KANSAS TURNPIKE AUTHORITY, Appellee.

Supreme Court of Kansas.

Opinion filed July 15, 1978.

Attorney(s) appearing for the Case

Robert J. O'Connor, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause and was on the brief for the appellants.

Richard R. Rock, of Rock, Smith & Wright, of Arkansas City, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

This action was commenced by the plaintiffs, Southeast Kansas Landowners Association, an unincorporated association composed of more than 230 persons owning more than eighty per cent of the land over which proposed toll roads are to be routed, and Kent Radcliff, Phyllis Clayton, and Lynn Swearingen, individually and as representatives of a class of similarly situated persons, to permanently enjoin the defendant...

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