Kansas Homes Development Co. v. Kansas Turnpike Authority

The opinion of the court was delivered by

Robb J.:

This is an appeal in an eminent domain proceeding by the Kansas Turnpike Authority from an order of the district court granting a new trial and setting aside a verdict, and for costs. The landowner, Kansas Homes Development Company, Incorporated, had appealed from the award of the appraisers.

We shall refer to Kansas Turnpike Authority as the authority, to Kansas Homes Development Company, Incorporated, as the landowner, and to Wyandotte Township Sewer District No. 9 as the sewer district.

In the original eminent domain proceeding the landowner,…