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(DOWNLOAD) "Moore v. State Highway Commission" by Supreme Court of Kansas # Book PDF Kindle ePub Free

Moore v. State Highway Commission

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eBook details

  • Title: Moore v. State Highway Commission
  • Author : Supreme Court of Kansas
  • Release Date : January 10, 1961
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

The opinion of the court was delivered by This is an appeal from an order overruling a demurrer to an
amended petition. The action, for injunctive relief, was commenced in the
district court of Shawnee County in December, 1957, by the filing
of a petition. Following motions, relating to rulings not here
involved, the plaintiff on March 18, 1958, filed his amended
petition. The amended petition sets forth sufficient facts to
give readers of this opinion a proper understanding of what this
case is about. For that reason and because of the disposition to
be made of the appeal we feel it is necessary at the outset to
quote the allegations of that pleading in toto. Omitting
caption and signatures it reads:

"Comes now the plaintiff and states that:

"He is a resident of Johnson County, Kansas, with
his true place of residence and correct post office
address at 517 East Loula, Olathe, Kansas.

"The defendant (The State Highway Commission) is a
body corporate, created and existing under the laws
of the state of Kansas, with its principal place of
business in Topeka, Kansas.

"Prior to September 30, 1949, plaintiff was the
owner in fee simple of the following described real
estate consisting of approximately 66 acres situated
in Johnson County, Kansas, to wit:

"`All of the North One-Half (1/2) of the Northeast
Quarter (1/4) of Section 30-13-24 lying East of the
Kansas City, Ft. Scott and Memphis Railroad
right-of-way.' "On September 30, 1949 the defendant highway
commission instituted a condemnation proceeding in
the District Court of Johnson County, Kansas in which
the west 9.10 acres of the above described real
estate were taken by defendant for highway purposes.
The property so taken is described as follows:


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