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CITY OF OVERLAND PARK v. DALE F. JENKINS REVOCABLE TRUST

No. 78,259.

263 Kan. 470 (1997)

949 P.2d 1115

In the Matter of the Acquisition of Property by Eminent Domain. CITY OF OVERLAND PARK, KANSAS, A Municipal Corporation, Plaintiff, v. DALE F. JENKINS REVOCABLE TRUST, Appellant, and ALLEN A. NEWELL, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1997.

Attorney(s) appearing for the Case

Frank H. Jenkins, Jr., of Lowe, Farmer, Bacon & Roe, of Olathe, argued the cause and was on the briefs for appellant.

James B. Jackson, of Kansas City, Missouri, argued the cause, and Joseph R. Borich, III, of Leawood, was with him on the brief for appellee.

The opinion of the court was delivered by

WAHL, J.:

This appeal involves a dispute between a lessor and a lessee over the proper apportionment of a condemnation award resulting from an eminent domain action.

On November 30, 1995, the City of Overland Park filed a petition to condemn several tracts of land for the purpose of acquiring rights-of-way and easements for the construction and the improvement of the...

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