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BUSHART v. WEST

No. 47,416

215 Kan. 205 (1974)

523 P.2d 391

L.M. BUSHART, Appellant, v. JEANNE WEST, DAVID DEERFIELD, and D.W. DEERFIELD, Individually and as Executor of the Will of Beverly G. Deerfield, Deceased, Appellees.

Supreme Court of Kansas.

Opinion filed June 15, 1974.

Attorney(s) appearing for the Case

Gene H. Sharp, of Liberal, argued the cause, and Charles Vance, of Liberal was with him on the brief for the appellant.

Stanley E. Antrim, of Liberal, argued the cause, and James R. Yoxall, of Liberal, was with him on the brief for the appellees.

The opinion of the court was delivered by

HARMAN, C.:

This is an action for declaratory judgment wherein plaintiff L.M. Bushart seeks a determination that defendants' use of his property for ingress and egress to an alley is permissive only, as by license, and may be made conditional. Plaintiff appeals from a determination that an implied easement exists instead.

Trial was to the court. Essentially there was little or no dispute as to the facts disclosed...

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