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CITY OF WICHITA v. B G PRODUCTS, INC.

No. 67,064

252 Kan. 367 (1993)

845 P.2d 649

THE CITY OF WICHITA, KANSAS, A Municipal Corporation, Appellant/Cross-appellee, v. B G PRODUCTS, INC., Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1993.

Attorney(s) appearing for the Case

Douglas J. Moshier, senior assistant city attorney, argued the cause, and Gary E. Rebenstorf, city attorney, was with him on the brief for appellant/cross-appellee.

Kurt A. Harper, of Sherwood & Harper, of Wichita, argued the cause, and Roger Sherwood, of the same firm, was with him on the brief for appellee/cross-appellant.

The opinion of the court was delivered by

HERD, J.:

This is a condemnation action by the City of Wichita (City) filed against B G Products, Inc. (B G). The action was abandoned after the filing of the court-appointed appraisers' report. Pursuant to K.S.A. 26-507(b), the district court awarded B G $145,802.33, including $123,000 in attorney fees, for the expenses it incurred in defense of the action. The City appeals...

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