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ARMSTRONG v. CITIES SERVICE GAS CO.

No. 46,317

210 Kan. 298 (1972)

502 P.2d 672

RICHARD A. ARMSTRONG and BETTY GRISHAM, Appellants, v. CITIES SERVICE GAS COMPANY and THE KANSAS POWER AND LIGHT COMPANY, Appellees.

Supreme Court of Kansas.

November 4, 1972.

Attorney(s) appearing for the Case

Dean Burkhead and Eugene C. Riling, of Riling, Riling and Burkhead, of Lawrence, argued the cause and were on the brief for the appellants.

Terry L. Bullock, of Cosgrove, Webb and Oman, of Topeka, argued the cause and was on the brief for appellee The Kansas Power and Light Company.

Charles D. Stough, of Lawrence, argued the cause, and Jack W. Wertz and George E. Peabody, both of Oklahoma City, Okla., were with him on the brief for appellee Cities Service Gas Company.

The opinion of the court was delivered by

HARMAN, C.:

Initially this proceeding was one by landowners to eject two utility companies from their land and to quiet their title thereto. Subsequently the plaintiffs sought to convert the action into one for damages for inverse condemnation by reason of the maintenance of utility facilities on their property. In trial to the court it was held that the defendant utilities had acquired prescriptive easements. Plaintiffs...

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