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THIERER v. BOARD OF COUNTY COMMISSIONERS

No. 46,856

212 Kan. 571 (1973)

512 P.2d 343

HENRY THIERER and NELLIE THIERER, Appellants and Cross-Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GEARY, KANSAS, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1973.

Attorney(s) appearing for the Case

Geo. V. Allen, of Lawrence, was on the brief for the appellants and cross-appellees.

John H. Taylor, county attorney, was on the brief for the appellees and cross-appellants.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal by plaintiffs, Henry and Nellie Thierer, from a decision of the trial court denying judgment for damages due to flooding and denying a mandatory injunction against the defendant county commissioners. Defendants cross-appeal from a mandatory injunction ordering them to provide access to plaintiffs' farm land by means of a suitable crossing over Thierer Branch of McDowell Creek.

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