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VENTURES IN PROPERTY I v. CITY OF WICHITA

No. 49,643

225 Kan. 698 (1979)

594 P.2d 671

VENTURES IN PROPERTY I, a Partnership, Appellant, v. THE CITY OF WICHITA AND THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed May 5, 1979.

Attorney(s) appearing for the Case

William P. Higgins, of Wichita, argued the cause and was on the brief for the appellant.

H.R. Kuhn, of Wichita, argued the cause, and John Dekker, of Wichita, was with him on the brief for the appellee City of Wichita.

John W. Strahan, first assistant attorney, argued the cause, and Donald S. Simons, chief attorney, was with him on the brief for the appellee Kansas Department of Transportation.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an action brought under K.S.A. 60-1701 for a declaratory judgment against the City of Wichita and the Kansas Department of Transportation (defendants-appellees). Ventures in Property I (plaintiff-appellant) alleges the City of Wichita took its land by inverse condemnation when it declined to approve platting of the property in contemplation of the building of a future highway known as...

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