Ellis v. City of Kansas City

The opinion of the court was delivered by This is an appeal by the landowner, Delos Ellis, from an order entered approving the verdict of a jury and denying the landowner's motion for a new trial in an eminent domain proceeding. Error is claimed in the admission of evidence offered by the condemnor, the city of Kansas City, Kansas. Ellis was the owner of a 19-sided tract containing about 6 acres of land, lying between the Kansas Turnpike and the Union Pacific railroad property. The tract was bounded by the railroad, Matoon Creek, and Muncie Boulevard, and it was accessible by highway and by means of a railroad spur. There were four modern houses on the property; these were occupied by Ellis and members of his family. In addition to the homes, there were several commercial structures which were utilized by the landowner in the manufacture of horseradish. One was a 62 foot square concrete factory building in which processing and bottling were carried on. That building was equipped with an industrial elevator which descended to the basement cold storage area. A second building was a 28 by 31 foot concrete-floored trimming shed; and a third was a 24 by 34 foot pepper building. All of these residences and commercial structures were supplied with gas, electricity, water, and sewer through lines constructed by the landowner. A gas well, drilled in 1940, had supplied all natural gas needed for heating, cooking and industrial purposes continuously for 33 years. Two state approved water wells provided all water to the premises. The only utility purchased was [225 Kan. 170]