Rowhuff v. Kansas Turnpike Authority

Tbe opinion of the court was delivered by

Robb, J.:

This is an appeal in an eminent domain proceeding commenced by the Kansas Turnpike Authority to condemn 6.45 acres of land made necessary by the construction of the Kansas Turnpike. The authority moved to abandon the proceeding, to withdraw funds in the amount of the appraisers’ award paid into the clerk of the court, and to dismiss the landowners’ appeal from the appraisers’ award, all of which motions were overruled by the trial court. The issues were presented to a jury, which returned its verdict in favor of recovery by the landowners, and…