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CITY OF ROELAND PARK v. JASAN TRUST

No. 94,897.

281 Kan. 668 (2006)

IN THE MATTER OF THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN, THE CITY OF ROELAND PARK, KANSAS, A MUNICIPAL CORPORATION, Plaintiff, v. JASAN TRUST, et al., Defendant; BCB, LLC, Defendant/Appellant; and PAYLESS SHOESOURCE, INC., Defendant/Appellee.

Supreme Court of Kansas.

Opinion filed April 28, 2006.

Attorney(s) appearing for the Case

Sherwin L. Epstein, of The Law Firm of Sherwin L. Epstein & Associates, of Kansas City, Missouri, argued the cause, and Marcus G. Abbott, of the same firm, was with him on the briefs for appellant.

W. Joseph Hatley, of Lathrop & Gage, L.C., of Overland Park, argued the cause, and Melissa Hoag Sherman, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

NUSS, J.:

This appeal involves a dispute between a lessee and its sublessee over the apportionment of a condemnation award. The Jasan Trust was the property fee owner, BCB, L.L.C. (BCB) was the leasehold owner, and Payless Shoesource, Inc. (Payless) was a subtenant of BCB. After court-appointed appraisers determined the just compensation for the undivided fee interest, the district court apportioned that award between...

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