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KLOTZ v. BOARD OF COUNTY COMMISSIONERS

No. 39,363

176 Kan. 325 (1954)

270 P.2d 281

ROSA M. KLOTZ, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ELLSWORTH, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

John V. O'Donnell, county attorney, argued the cause and was on the briefs for the appellant.

George D. Miner and Paul L. Aylward, both of Ellsworth, were on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

In this action plaintiff seeks a mandatory injunction to compel the defendant, The Board of County Commissioners of Ellsworth County, to remove obstructions in a road which are causing water to overflow on her adjacent lands. The appeal is from an order overruling a demurrer to the petition.

The action was commenced on September 9, 1953, by the filing of...

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