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CITY OF WICHITA v. MEYER

Nos. 77,684, 77,685.

262 Kan. 534 (1997)

939 P.2d 926

CITY OF WICHITA, KANSAS, A Municipal Corporation, Appellant, v. OTTO MEYER and R.E.M. PROPERTIES, Appellees.

Supreme Court of Kansas.

Opinion filed May 30, 1997.

Attorney(s) appearing for the Case

Joseph W. Kennedy, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Robert W. Coykendall, of the same firm, and Gary E. Rebenstorf, director of law, and Douglas J. Moshier, senior assistant city attorney, were with him on the briefs for appellant.

Robert W. Kaplan, of Kaplan, McMillan & Harris, of Wichita, argued the cause and was on the briefs for appellee R.E.M. Properties.

The opinion of the court was delivered by

SIX, J.:

This first impression case arises from a condemnation initiated by the City of Wichita (City) to acquire land for its $6 million ice rink project. The issues are tied together in a land acquisition Gordian knot. Our task is to resolve the controversy without harming established concepts of eminent domain law. In doing so, we untie rather than arbitrarily cut the knot.

The City appeals two orders entered...

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