# Moore v. Kansas Turnpike Authority

> Supreme Court of Kansas · October 25, 1957 · 181 Kan. 840

URL: https://www.frixlaw.com/law-library/cases/9794805

## Case

- **Full name:** In the Matter of the Condemnation of Land for Kansas Turnpike Project. Ora Ethel Moore, Appellee and Cross-Appellant, v. Kansas Turnpike Authority, Appellant and Cross-Appellee
- **Court:** Supreme Court of Kansas
- **Decided:** October 25, 1957
- **Citations:** 181 Kan. 840; 317 P.2d 384; 1957 Kan. LEXIS 418
- **Precedential status:** Published
- **Opinion:** Dissent by Price
- **Judges:** Hall, Price
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9794805

## Opinion text

Price, J.,
dissenting: A careful analysis of the opinion of the court on rehearing in this case, and of the dissenting opinion of Mr. Justice Schroeder, brings into clear focus the confusion resulting from an attempt to apply the statute (G. S. 1955 Supp. 26-102) to the many and varied factual situations often present in appeals from awards of appraisers in condemnation proceedings. To me, the statute, from a procedural standpoint, is ambiguous and needs legislative clarification, and, in my opinion, no prior decision of this court gives a complete answer to the question presented. As applied to the practical problems which confront trial courts in such cases, I think there is much to be said for each of the views expressed, but my over-all feeling in the matter simply amounts to this:
I have pronounced misgivings as to and a fear of the sweeping results and ramifications of the opinion of the court. In the absence of a clear and unambiguous mandate by the legislature or a prior decision of this court to the contrary, it is my opinion that the question of consolidation of appeals involving .separate ownerships or interests in one parcel of land in turnpike condemnation proceedings should be left to the sound discretion of trial courts. In the instant case no abuse of judicial discretion was established and the judgment should therefore be affirmed. .
I therefore respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9794805. Public record. Not legal advice.