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ALADDIN PETROLEUM CORPORATION v. GOLD CROWN PROPERTIES

No. 48,127

221 Kan. 579 (1977)

561 P.2d 818

ALADDIN PETROLEUM CORPORATION, Appellant, v. GOLD CROWN PROPERTIES, INC.; GOLD CROWN, INC.; PRESIDENTIAL WOODGATE, a General Partnership consisting of Gold Crown, Inc., a Kansas Corporation, Presidential Realty Corporation, a Delaware Corporation, and M. Shapiro and Son, Inc., a New York Corporation; STEVE SCHUETZ; and COMMERCE MORTGAGE COMPANY, a Missouri Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed March 5, 1977.

Attorney(s) appearing for the Case

Robert L. Howard, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Phillip S. Frick, of the same firm, was with him on the brief for the appellant.

Edward Hund, of Smith, Shay, Farmer & Wetta, of Wichita, argued the cause, William Farmer and Paul Smith, of the same firm, and Blair, Matlack, Rogg, Foote & Scott, were with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

The questions presented by this appeal concern the extent and nature of a private right-of-way easement reserved by the grantor or seller in a real estate purchase agreement. The real estate was purchased for the construction of a high-density apartment complex. The apartment complex was built. Disagreement then arose and this action was filed by the grantor. The...

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