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DICK v. DRAINAGE DISTRICT NO. 2

Nos. 41,947, 41,952, 41,953, 41,954, 41,955

187 Kan. 520 (1961)

358 P.2d 744

J.M. DICK and LENA DICK, Appellees, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. ABRAHAM SIEMENS, Appellee, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. ARNOLD A. RATZLAFF, Appellee, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. J.S. FRIESEN, Appellee, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. D.A. FRANZ and MARJORIE FRANZ, Appellees, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed January 21, 1961.

Attorney(s) appearing for the Case

Evart Mills, of McPherson, argued the cause, and George A. Robb, of Newton, and J.R. Rhoades and George R. Lehmberg, both of McPherson, were with him on the brief for the appellant.

Vernon A. Stroberg, of Newton, argued the cause, and Kenneth G. Speir, Herbert H. Sizemore and Richard F. Hrdlicka, all of Newton, were with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by landowners against a drainage district for damages resulting from the appropriation of a right of way on the landowners' property by the drainage district for its use.

The question of substantive law presented is whether the district court of the county in which the land is situated has jurisdiction to hear and determine an independent action for damages where condemnation...

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