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HALL v. TWIN CANEY WATERSHED JOINT DIST. NO. 34

No. 50,326

4 Kan. App. 2d 202 (1979)

604 P.2d 63

IN THE MATTER OF THE PETITION OF ELMER HALL for Public Road. ELMER HALL, Appellant, v. TWIN CANEY WATERSHED JOINT DISTRICT No. 34, of Chautauqua, Montgomery, and Elk Counties, Kansas, and EMIL F. CARRA, Appellees.

Court of Appeals of Kansas.

Opinion filed December 21, 1979.

Attorney(s) appearing for the Case

John R. Horst, of Caney, for appellant.

Paul A. Lamb, of Coffeyville, for appellee Emil F. Carra.

Riley O. Robbins, of Sedan, for appellee Twin Caney Watershed Joint District No. 34, of Chautauqua, Montgomery, and Elk Counties, Kansas.

Before FOTH, C.J., ABBOTT and MEYER, JJ.

MEYER, J.:

Appellant Elmer Hall (petitioner) is the owner of a tract of land located in Chautauqua and Montgomery Counties. The tract is completely bisected by Bee Creek. That part of the tract lying to the west of Bee Creek is completely surrounded by the lands of others on the north, west and south, and by Bee Creek to the east. Petitioner, however, owns land east of Bee Creek, also, and has access from that portion of his premises to a public road. Appellee Emil...

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