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PIERCE v. CASADY

No. 57,484

11 Kan. App. 2d 23 (1985)

711 P.2d 766

JAMES B. PIERCE and MARY JO PIERCE, Appellees, v. PAUL CASADY and DeLENA CASADY, Appellants.

Court of Appeals of Kansas.

Opinion filed December 31, 1985.

Attorney(s) appearing for the Case

Edwin H. Bideau III, of Bideau Law Offices, of Chanute, for appellants.

Richard G. Tucker, of Law Offices of Richard G. Tucker, of Parsons, for appellees.

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

ABBOTT, C.J.:

Defendants, Paul and DeLena Casady, appeal from the trial court's judgment that a tree growing on their property with branches overhanging the property of plaintiffs, James and Mary Jo Pierce, is a nuisance.

Plaintiffs and defendants are adjoining landowners. The dispute between them concerns a 75-year-old pecan tree, the trunk of which is on defendants' property but one foot away from plaintiffs...

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