Teachers Insurance & Annuity Ass'n of America v. City of Wichita

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from the trial court’s order in a declaratory judgment action, wherein the trial court held the action of the City of Wichita in changing Kellogg Street to a fully controlled access highway facility constituted a taking of private property for public use, therefore requiring the payment of compensation to landowners and others with an interest in the property who lost their existing access to Kellogg Street and highways.

Pursuant to K. S. A. 1975 Supp. 60-2701, Rule 6 (o), the appeal herein is submitted on an agreed…