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CITY OF MISSION HILLS v. SEXTON

No. 97,151.

160 P.3d 812 (2007)

The CITY OF MISSION HILLS, Kansas, Appellee, v. Ronald E. SEXTON and Felicia Sexton, Appellants.

Supreme Court of Kansas.

June 22, 2007.

Attorney(s) appearing for the Case

Frederick K. Starrett, of Lathrop & Gage L.C., of Overland Park, argued the cause and was on the briefs for appellants.

Neil R. Shortlidge, of Stinson Morrison Hecker LLP, of Overland Park, argued the cause and was on the brief for appellee.

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

In this condemnation proceeding, the jury awarded landowners Ronald and Felicia Sexton $10,900 for the temporary partial taking of their property, via two easements, by the City of Mission Hills (City) for a sewer rehabilitation project. The Sextons contend that the trial court abused its discretion by denying their motion for a new trial. In raising this contention, they specifically argue that, in calculating...

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