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CAIN v. CITY OF TOPEKA

No. 50,743

4 Kan. App. 2d 192 (1979)

603 P.2d 1031

GENE CAIN and MARY LOUISE CAIN, his wife, Landowners, Appellees, v. CITY OF TOPEKA, KANSAS, a Municipal Corporation, Appellant.

Court of Appeals of Kansas.

Petition for review denied January 29, 1980.

Attorney(s) appearing for the Case

Richard E. Jones, deputy city attorney, for appellant.

John R. Hamilton, of Crane, Martin, Claussen, Hamilton & Barry, of Topeka, for appellees.

Before FOTH, C.J., ABBOTT and REES, JJ.

REES, J.:

The City of Topeka appeals from a jury verdict awarding Gene and Mary Cain $205,192.36 for the taking of six tracts of land by the City through the exercise of its power of eminent domain. The condemned land, located just east of downtown Topeka, consisted of six noncontiguous tracts within a single city block. The appraisers' award was $109,138. We affirm.

Mr. Cain testified on his own behalf. Cain was experienced in real estate matters and was...

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