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CITY OF COUNCIL GROVE v. OSSMANN

No. 47,857

219 Kan. 120 (1976)

546 P.2d 1399

CITY OF COUNCIL GROVE, a Municipal Corporation, Appellant, v. HELEN OSSMANN, Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1976.

Attorney(s) appearing for the Case

David H. Heilman, of Council Grove, argued the cause and was on the brief for the appellant.

Elvin D. Perkins, of Emporia, argued the cause, and Gary W. Rulon, also of Emporia, was with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

The City of Council Grove here sought to enjoin the defendant, Helen Ossmann, from continuing a common nuisance, and sought an order in the nature of a mandatory injunction requiring her to abate the nuisance. The trial court denied relief and the city appeals. The factual background is not in dispute.

Mrs. Ossmann was formerly Mrs. Harry L. Becker. Mr. Becker acquired title to a tract of real estate...

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