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CITY OF WESTWOOD v. M & M OIL CO.

No. 52,155

6 Kan. App. 2d 48 (1981)

626 P.2d 817

CITY OF WESTWOOD, KANSAS, A MUNICIPAL CORPORATION, Appellee, v. M & M OIL COMPANY, INC., Appellant.

Court of Appeals of Kansas.

Opinion filed April 17, 1981.

Attorney(s) appearing for the Case

Eugene C. Riling, of Riling, Norwood, Burkhead & Fairchild, Chartered, of Lawrence, for appellant.

Jerry J. Hess, of Overland Park, for appellee.

Before JUSTICE FROMME, presiding, PARKS, J., and TYLER C. LOCKETT, District Judge, assigned.

Petition for review denied 229 Kan. 669.

FROMME, J.:

This is an appeal from an eminent domain proceeding initiated by the city of Westwood. M & M Oil Company, Inc., a lessee of the property, appeals from an order disallowing its expenses in the proceeding.

The city of Westwood filed a petition on January 16, 1980, in the District Court of Johnson County, Kansas seeking to exercise the power of eminent domain per K.S.A. 26-201 et seq., over...

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