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CITY OF TOPEKA v. ESTATE OF MAYS

No. 63,254

245 Kan. 546 (1989)

781 P.2d 721

IN THE MATTER OF THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN. THE CITY OF TOPEKA, KANSAS, A Municipal Corporation, Plaintiff, v. NELLIE M. MAYS ESTATE, EDWIN MAYS, EXECUTOR, Appellant; PROVIDENT LIFE & ACCIDENT INS. CO.; MACERICH CO., Appellees; and R. COHEN; SIEGEL MACE; JAMES C. TURNER, SUSAN C. TURNER, and MARY L. ERNEST, Widow of F.H. ERNEST, Appellants.

Supreme Court of Kansas.

Opinion filed October 27, 1989.

Attorney(s) appearing for the Case

C. Bruce Works, of Works, Works & Works, P.A., of Topeka, argued the cause and was on the brief for appellants James C. Turner, Susan C. Turner, and Mary L. Ernest.

Paul D. Coleman, of Topeka, was on the brief for appellant Nellie M. Mays Estate.

Larry E. Gregg, of Hamilton, Gregg, Barker & Johnson, of Topeka, argued the cause and John R. Hamilton, of the same firm, was with him on the briefs for appellees.

The opinion of the court was delivered by

HERD, J.:

This case is an eminent domain action brought by the City of Topeka. The lessees of the condemned land filed a motion requesting the district court to distribute the appraiser's award between the lessors and the lessees pursuant to K.S.A. 26-517. This appeal is from the district court's decision on that motion.

The appellants are the lessors of the condemned property. There are two groups of lessors...

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