[Download] "State Highway Commission v. Safeway Stores" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: State Highway Commission v. Safeway Stores
- Author : Supreme Court of Kansas
- Release Date : January 06, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The opinion of the court was delivered by This action originated as a condemnation proceeding to acquire land for state highway purposes under the provisions of G.S. 1949, 26-101. Isabelle S. Weiss, the landowner, accepted payment of the award made by the appraisers for the land taken and is not a party to this appeal. Safeway Stores, Incorporated, the tenant of the landowner, operated a grocery store facing the highway which was sought to be widened, thereby leaving less space for parking purposes in front of the store building. The appraisers awarded damages to the landowner for land taken in the sum of $1,015.33 and to the tenant the sum of $1,750 for ""loss of business and all other damage."" The state highway commission appealed from the awards. On the trial in the district court the jury allowed the tenant no damages and from the judgment the tenant alone has appealed to this court. The first chapter of this case was here on appeal by the same tenant, Safeway Stores, Incorporated. (State Highway Commission v. Weiss, 167 Kan. 427, 207 P.2d 480.) Only a portion of that opinion need be noticed for present purposes. The tenant made two contentions in that original appeal. It complained, first, the trial court erred in denying it the right to draw down the award of damages made by the appraisers in its favor, after the commission had perfected its appeal from that award to the district court. The basis of the contention was the commission could not deposit the amount of the award with the clerk of the district court, take possession of the condemned land pursuant to the statute, G.S. 1949, 26-101, and thereafter appeal from the award. We held in the first case the tenant's appeal from that separate ruling, not