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CITY OF WICHITA v. DENTON

No. 97,952.

294 P.3d 207 (2013)

296 Kan. 244

CITY of WICHITA, Kansas, a Municipal Corporation, Appellee, v. Kenneth D. DENTON, d/b/a Tillies Flower Shop, Appellee, and Clear Channel Outdoor, Inc., Appellant.

Supreme Court of Kansas.

January 4, 2013.

Attorney(s) appearing for the Case

JoAnn T. Sandifer , of Husch & Eppenberger, LLC, of St. Louis, Missouri, argued the cause, and Caroline L. Hermeling , of the same firm, and Paul S. McCausland , of Young, Bogle, McCausland, Wells & Blanchard, P.A., of Wichita, were with her on the briefs for appellant Clear Channel Outdoor, Inc.

David M. Rapp , of Hinkle Elkouri Law Firm L.L.C., of Wichita, argued the cause, and Roger M. Theis , of the same firm, was with him on the brief for appellee City of Wichita, Kansas.

Stephen E. Robison , of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, argued the cause, and Lyndon W. Vix , of the same firm, was with him on the brief for appellee Kenneth D. Denton, d/b/a Tillies Flower Shop.

The opinion of the court was delivered by PER CURIAM:

This is an eminent domain proceeding involving the City of Wichita's condemnation for highway purposes of a tract of land owned by Kenneth Denton and located on the northwest corner of the intersection of Kellogg and Rock Roads. Clear Channel Outdoor, Inc., leased from Denton approximately 500 square feet of the property for operation of a double-sided, tri-vision billboard. The tract was valued at $1,075,600,...

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