LEWIS v. GLOBE CONSTR. CO.

No. 51,825

6 Kan. App. 2d 478 (1981)

630 P.2d 179

JERRY LEWIS, d/b/a BOULEVARD EQUIPMENT RENTAL AND ROBERT L. LIVINGSTON AND EUGENE LIVINGSTON, d/b/a TRIANGLE RESTAURANT, Appellants and Cross-Appellees v. GLOBE CONSTRUCTION CO., INC., Third-Party Plaintiff-Appellee and Cross-Appellant, v. O.D. TURNER, SECRETARY OF TRANSPORTATION, STATE OF KANSAS; and CITY OF WICHITA, KANSAS, Third-Party Defendants-Appellees

Court of Appeals of Kansas.

Petition for review denied July 15 and July 27, 1981.


Attorney(s) appearing for the Case

James R. Roth, of Woodard, Blaylock, Hernandez, Pilgreen & Roth, of Wichita, for appellant and cross-appellee Jerry Lewis.

Christopher J. Redmond, of Redmond, Redmond & O'Brien, of Wichita, for appellant and cross-appellees Robert L. Livingston and Eugene Livingston.

James J. McGannon, of Regan & McGannon, of Wichita, for appellee and cross-appellant Globe Construction Co., Inc.

Thomas R. Powell, of Wichita, for appellee City of Wichita.

John W. Strahan, First Assistant Attorney, Kansas Department of Transportation, for appellee O.D. Turner, Secretary of Transportation, State of Kansas.

Before JUSTICE MILLER, Presiding, REES, J., and STEVEN P. FLOOD, District Judge, assigned.


MILLER, J.:

The plaintiffs, Jerry Lewis, Robert L. Livingston and Eugene Livingston, appeal from various rulings and from the final judgment entered in the Sedgwick District Court, following a jury trial in this action for breach of contract and for damages. The controlling issues are: (1) Was there such a taking as would justify an action by plaintiffs in the nature of inverse condemnation? and (2) Are plaintiffs third...

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