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MILLER v. BARTLE

No. 95,418.

150 P.3d 1282 (2007)

Debra L. MILLER, In Her Capacity as the Secretary of Transportation for the State of Kansas, Appellee, v. Amy L. BARTLE and James A.D. Bartle, Appellants.

Supreme Court of Kansas.

February 2, 2007.

Attorney(s) appearing for the Case

James Bartle, of Lawrence, argued the cause and was on the briefs for appellants.

Dan Biles, of Gates, Biles, Shields & Ryan, P.A., of Overland Park, argued the cause, and Eldon J. Shields, of the same firm, and Sally A. Howard, chief counsel for the Kansas Department of Transportation, were with him on the brief for appellee.

The opinion of the court was delivered by DAVIS, J.:

Amy and James Bartle (the Bartles) appeal from a jury award in an eminent domain proceeding initiated by the Kansas Department of Transportation (KDOT) for the partial taking of their property for a highway improvement project in Douglas County, Kansas. They do not appeal the jury determination of the fair market value of the property taken, but claim on appeal that they have been denied equal protection and due...

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