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CITY OF WICHITA v. McDONALD'S CORP.

No. 79,840.

266 Kan. 708 (1999)

971 P.2d 1189

CITY OF WICHITA, Appellee, v. McDONALD'S CORP., et al., Appellants.

Supreme Court of Kansas.

Opinion filed January 29, 1999.

Attorney(s) appearing for the Case

Alan R. Pfaff, of Kahrs, Nelson, Fanning, Hite & Kellogg L.L.P., Wichita, argued the cause, and was on the briefs for the appellant.

Joseph W. Kennedy, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Gary E. Rebenstorf and Robert W. Coykendall, of the same firm, and Douglas J. Moshier, of the City of Wichita, were with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This is a condemnation case. Wal-Mart Properties, Inc. (Wal-Mart) appeals from an adverse condemnation award following a highway expansion project in Wichita. The court-appointed appraisers awarded Wal-Mart $128,904 in damages after completion of the project. The City of Wichita (City) appealed the award to the district court. The parties stipulated to the essential facts and asked the district court to rule...

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