1. Home
  2. Browse Decisions
  3. Kan.
  4. 228 Kan.
  5. 228 Kan. 379 (1980)
 

STATE EX REL. STEPHAN v. LANE

No. 51,831

228 Kan. 379 (1980)

614 P.2d 987

STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, Plaintiff-Appellant and Cross-Appellee, v. V.J. LANE, WOODLAWN CEMETERY ASSOCIATION, UNKNOWN CEMETERY CORPORATIONS, and BROTHERHOOD STATE BANK, Defendants and CITY OF KANSAS CITY, KANSAS, Intervenor-Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed July 18, 1980.

Attorney(s) appearing for the Case

Jeffrey S. Southard, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with him on the briefs for the appellant and cross-appellee.

Kathryn Pruessner Peters, assistant city attorney, argued the cause, and Robert J. Watson, city attorney, was with her on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal by the attorney general from a decision of the trial court holding that a proceeding under K.S.A. 1979 Supp. 17-1366 et seq., constitutes an unconstitutional taking of private property, without due process and without just compensation, in violation of the Fifth and Fourteenth Amendments to the United States Constitution.

The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases