Municipal Airport Condemnation v. Wagoner

The opinion of the court was delivered by

Wedell, J.:

This appeal arises out of a proceeding instituted by the city of Hutchinson to condemn lands for the enlargement of .its municipal airport located outside.the city limits. ■

No part of the land of appellee, C. D. Wagoner, was taken in the condemnation proceeding and .the .city did not make, him a party *736thereto. He, however, claimed he suffered consequential damages to his farm on which he conducted a nursery, business by reason of vacating certain roads in connection with the enlargement of the airport. The merit of that claim is not now…