Isley v. Bogart

BREITENSTEIN, Circuit Judge.

This is a declaratory judgment action under 28 U.S.C. § 2201 with jurisdiction *34based on diversity. Appellants-plaintiffs are the successors in interest of the owners of real property taken by the City of Wichita, Kansas, by condemnation. The appellees-defendants are the City of Wichita and various of its officials. The plaintiffs claim that, because the uses for which the property was condemned have terminated, they, as present owners, are entitled to full dominion over the property. The trial court held for the City and this appeal followed.

In 1929, Wichita…