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PRINGLE v. CITY OF WICHITA

No. 73,227.

22 Kan. App.2d 297 (1996)

917 P.2d 1351

KENNETH W. PRINGLE and BANK IV, KANSAS, N.A., as Trustees of the K. T. WIEDEMANN TRUST UNDER THE LAST WILL AND TESTAMENT OF K. T. WIEDEMANN, DECEASED and as Trustees of the GLADYS H. G. WIEDEMANN POWER OF APPOINTMENT TRUST UNDER THE LAST WILL and TESTAMENT OF GLADYS H. G. WIEDEMANN, DECEASED; BILL LUSK, JR., as Trustee of the AETNA TRUST; FRANK MCMASTER, JOHN F. MCMASTER, and SUSAN M. MCMASTER; WICHITA INSULATION AND ALUMINUM CO., INC.; LOLA F. BOONE; and WINDOW WORKS, a sole proprietorship, Appellants, v. CITY OF WICHITA, Appellee.

Court of Appeals of Kansas.

Opinion filed February 2, 1996.

Attorney(s) appearing for the Case

Jeff C. Spahn, Jr., of Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., of Wichita, and Frank C. McMaster, of McMaster & McMaster, of Wichita, for appellants.

Joseph W. Kennedy and Robert W. Coykendall, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, and Gary E. Rebenstorf, director of law, and Douglas J. Moshier, assistant city attorney, for appellee.

Before PIERRON, P.J., ELLIOTT and ROYSE, JJ.

ROYSE, J.:

This lawsuit arises out of a decision by the City of Wichita to close a portion of 127th Street East approximately a block north of Kellogg and to close the median on Kellogg at its intersection with 127th Street East. The plaintiffs, owners of the real estate surrounding the intersection, filed suit to enjoin the City from carrying out its plan. In the alternative, plaintiffs sought an award of money damages against the City for wrongful taking of their...

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