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IN RE APPLICATION OF CITY OF GREAT BEND FOR APPOINTMENT

No. 68,732

254 Kan. 699 (1994)

869 P.2d 587

IN THE MATTER OF THE APPLICATION OF THE CITY OF GREAT BEND, KANSAS, FOR THE APPOINTMENT OF APPRAISERS TO APPRAISE AND ASSESS DAMAGES AND VALUES BY REASON OF CONDEMNATION BY SAID CITY OF AN INTEREST IN CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR PUBLIC USE.

Supreme Court of Kansas.

Opinion filed March 4, 1994.

Attorney(s) appearing for the Case

Dennis M. Feeney, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Richard D. Greene, of the same firm, was with him on the briefs for appellants.

Robert G. Suelter, of Hagen, Bates & Suelter, of Great Bend, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

David and Deanna Essmiller appeal from a jury verdict in this eminent domain proceeding. Their contentions on appeal center upon the admissibility of evidence. They contend that the trial court erred by allowing the City of Great Bend's expert appraiser to testify about the condemnation damages because the expert considered frequency and duration of flooding as a factor in reaching his opinion. They also...

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