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KANSAS CITY, CLAY COUNTY v. CARTER

No. 25148.

447 S.W.2d 805 (1969)

Condemning Private Property for Public Use to Open, Establish and Grade N.E. Parvin Road From About North Prospect Avenue to North Brighton Avenue, In KANSAS CITY, CLAY COUNTY, Missouri; Establishing Grade and Condemning Encroachments, Easements for Cuts-Back and Fills; Condemning Easements for Drainage Purposes and Temporary Construction Easements; Providing for Payment of Just Compensation; Establishing a Benefit District and Providing for Levying of Special Assessments Therein, Under Ordinance of Kansas City, Missouri, No. 33567, Passed February 10, 1967, Respondent, v. Herbert J. CARTER and Nannabell E. Carter, Appellants.

Kansas City Court of Appeals, Missouri.

Motion for Rehearing and/or Transfer Denied December 1, 1969.

Attorney(s) appearing for the Case

Charles W. Hess, Charles White Hess, Linde, Thomson, Van Dyke, Fairchild & Langworthy, Kansas City, for appellants.

Herbert C. Hoffman, City Counselor, Ned B. Bahr, Associate City Counselor, Kansas City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 1, 1969.

CROSS, Judge.

This is a condemnation proceeding instituted by respondent City of Kansas City, under authority of Articles VI and VII of its constitutional charter, to acquire private lands for public use, i. e., to open, establish and grade N.E. Parvin Road as a public street within the city. The various land interests appropriated include part of a two acre tract belonging to appellants...

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