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BIGGS FEED AND GRAIN, INC. v. CITY OF WAVERLY

No. 49,997

3 Kan. App. 2d 423 (1979)

596 P.2d 171

BIGGS FEED AND GRAIN, INC., A Corporation, Appellant, v. THE CITY OF WAVERLY, KANSAS, A Municipal Corporation, Appellee.

Court of Appeals of Kansas.

Opinion filed June 15, 1979.

Attorney(s) appearing for the Case

Frank T. Forbes and Stephen J. Smith, of Forbes & Smith, of Burlington, for appellant.

William A. Buckles and Dennis D. Roth, of Buckles & Roth, of Burlington, for appellee.

Before SPENCER, P.J., SWINEHART and MEYER, JJ.

Per Curiam:

In an action seeking to quiet title, appellant, Biggs Feed and Grain, Inc. (plaintiff), appeals that part of the trial court's order granting appellee, City of Waverly, a municipal corporation (defendant City), summary judgment as to certain easements obtained by prescription.

The tracts claimed by defendant City are: a portion of Pierson Street; a portion of Dane Street; and a portion of Water Street transgressing the southeastern corner...

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