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CITY OF OTTAWA v. HEATHMAN

No. 56,724

236 Kan. 417 (1984)

690 P.2d 1375

IN THE MATTER OF THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN THE CITY OF OTTAWA, KANSAS, a municipal corporation, Appellant, v. FREDERICK JUNIOR HEATHMAN, et al., Appellees.

Supreme Court of Kansas.

Opinion filed November 30, 1984.

Attorney(s) appearing for the Case

John L. Richeson, of Anderson, Byrd & Richeson, of Ottawa, argued the cause and was on the brief for appellant.

Eugene C. Riling, of Riling, Norwood, Burkhead & Fairchild, Chartered, of Lawrence, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

LOCKETT, J.:

This is an appeal by the condemnor in a condemnation action from an order granting a new trial to the landowner.

The City of Ottawa, Kansas (the City), filed an appeal of an appraiser's award for land in Ottawa owned by Frederick Junior and Mildred L. Heathman (Heathmans), which was condemned for a permanent construction easement. Trial was held and a verdict reached on August 31, 1983. The jury...

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