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YODER v. CITY OF HUTCHINSON

Nos. 38,060, 38,061, 38,062

171 Kan. 1 (1951)

228 P.2d 918

J.J. YODER and FANNIE YODER, Appellants, v. CITY OF HUTCHINSON, KANSAS, Appellee and Cross-Appellant. ELTON E. GILES, Appellant, v. CITY OF HUTCHINSON, KANSAS, Appellee and Cross-Appellant. JOHN W. BRADEN, Appellant, v. CITY OF HUTCHINSON, KANSAS, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed March 20, 1951.

Attorney(s) appearing for the Case

J. Richards Hunter and Harry H. Dunn, both of Hutchinson, argued the cause, and Walter F. Jones, of Hutchinson, was with them on the briefs for the appellants.

Wesley E. Brown and Robert J. Gilliland, both of Hutchinson, argued the cause, and Donald C. Martindell, William D.P. Carey, Edw. B. Brabets, John F. Hayes, C. William Miller, Robert C. Martindell and Fred C. Littooy, all of Hutchinson, were with them on the briefs for the appellee and cross-appellants.

The opinion of the court was delivered by

THIELE, J.:

The underlying question involved in these appeals is the nature and extent of damages recoverable by a landowner where proceedings in eminent domain under G.S. 1949, 26-201 to 210 inclusive, have been had under the authority of flood control statutes, which, as amended now appear as G.S. 1949, 12-635 to 12-646 inclusive.

Although a more detailed reference is later made to the statutory authority...

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