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IN RE CONDEMNATION OF LAND v. BENNETT

No. 53,583

7 Kan. App. 2d 621 (1982)

649 P.2d 406

IN THE MATTER OF THE CONDEMNATION OF LAND BY THE CITY OF MISSION, KANSAS, A Municipal Corporation, Appellant, v. JOHN WILSON BENNETT and OVERLAND PARK SAVINGS AND LOAN ASSOCIATION, Appellees.

Court of Appeals of Kansas.

Opinion filed June 3, 1982.

Attorney(s) appearing for the Case

David K. Martin, of Payne & Jones, Chartered, of Olathe, for the appellant.

Roy S. Bennett, Jr., of Bennett & Heaven, of Shawnee, for the appellees.

Before SWINEHART, P.J., ABBOTT, J., and HARRY G. MILLER, District Judge Retired, assigned.

MILLER, J.:

This is an appeal from a judgment entered against the plaintiff for costs, including appraiser's fees and attorney fees, in a condemnation action that was dismissed prior to the appraisers filing their report.

The defendant, John Bennett, is the owner of a warehouse and office building in the City of Mission which adjoins Lot 202, the tract of land involved in the dispute. All of the real estate is zoned by the City as "use district C-2" which...

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