McCall Service Stations, Inc. v. City of Overland Park

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal by the landowner in an eminent domain proceeding, initiated by the City of Overland Park, from the award of the court appointed appraisers.

On the 29th day of October, 1971, the City of Overland Park (defendant-appellant), filed a petition in eminent domain pursuant to K. S. A. 26-201, et seq., to acquire real property for the improvement of the intersection of 63rd Street (U. S. Highway 50) and Foster Street. McCall Service Stations, Inc. (plaintiff-appellee) was the owner of the property on the northeast comer of the…