BARCUS v. CITY OF KANSAS CITY

No. 53,692

8 Kan. App. 2d 506 (1983)

661 P.2d 806

GRANT BARCUS, LARRY G. BARCUS, ROY V. BARCUS and WILLIAM R. BARCUS, d/b/a L.G. BARCUS AND SONS, INC., Appellants, v. CITY OF KANSAS CITY, KANSAS, a Municipal Corporation, Appellee.

Court of Appeals of Kansas.

Opinion filed April 7, 1983.


Attorney(s) appearing for the Case

George Maier, Jr., of Weeks, Thomas & Lysaught, Chartered, of Kansas City, for the appellants.

Daniel B. Denk, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellee.

Before SWINEHART, P.J., ABBOTT and MEYER, JJ.


SWINEHART, J.:

This is an appeal by plaintiffs Grant Barcus, Larry G. Barcus, Roy V. Barcus and William R. Barcus, d/b/a L.G. Barcus and Sons, Inc., from an award in a condemnation action. The sole issue raised on appeal is whether the trial court erred in allowing defendant City of Kansas City to present evidence of damages based on a lesser use by the City of the easements acquired than that described in the appraiser's report and the petition of condemnation.<...

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