Morgan v. City of Overland Park

*189The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment rendered on a jury verdict in a condemnation proceeding.

The appellant, the city of Overland Park, Kansas, through eminent domain proceedings, acquired approximately twelve acres of land of the appellees for a municipal park. About six acres of this tract was covered by a lake or pond. Both parties appealed from the award of the appraisers. The matter was tried to a jury resulting in a verdict very substantially increasing the award. The facts will be presented in more detail as we discuss the issue to which…