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KRATINA v. BOARD OF COMMISSIONERS

No. 47,979

219 Kan. 499 (1976)

548 P.2d 1232

ERNEST L. KRATINA and WILMA J. KRATINA, Appellants, v. THE BOARD OF COMMISSIONERS OF SHAWNEE COUNTY, KANSAS and THE TOWNSHIP BOARD OF AUBURN, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed April 10, 1976.

Attorney(s) appearing for the Case

William R. Brady, of Topeka, argued the cause and was on the brief for the appellants.

Matthew J. Dowd, county counselor, argued the cause, and William Hergenreter, of Shaw, Hergenreter, Quarnstrom and Wright, of Topeka, was with him on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

The issue in this case is whether the public has acquired a right of way for a public road across plaintiffs' land by prescription.

The action was precipitated when the Auburn township board started to clear brush from and otherwise improve an old roadway running a half mile across the north edge of plaintiffs' quarter section of land in southwest Shawnee county. The township board was acting under...

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