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GENERAL BUILDING CONTR., LLC v. BOARD OF SHAWNEE COUNTY COMM'RS

No. 89,029

275 Kan. 525 (2003)

66 P.3d 873

GENERAL BUILDING CONTRACTORS, L.L.C. and ROBERT D. TOLBERT, Appellants, v. BOARD OF SHAWNEE COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, Appellee.

Supreme Court of Kansas

Opinion filed April 18, 2003.

Attorney(s) appearing for the Case

James S. Willard, of Scott, Quinlan, Willard & Barnes, L.L.C., of Topeka, argued the cause and was on the brief for appellants.

James M. Crowl, assistant county counselor, argued the cause, and Richard V. Eckert, county counselor, was with him on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

This is a landowner appeal from the denial of injunctive relief where the ultimate first impression issue is whether a Kansas county has the power under home rule to exercise eminent domain rights and condemn land for purposes of industrial or economic development.

Numerous issues are raised. We elect to reach the ultimate issues despite possible mootness and hold (1) Shawnee County has the power...

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