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KANSAS POWER & LIGHT CO. v. RITCHIE

No. 58,058

11 Kan. App. 2d 237 (1986)

722 P.2d 1120

THE KANSAS POWER AND LIGHT COMPANY, Plaintiff-Appellee, v. CHARLES S. RITCHIE, d/b/a CHARLES S. RITCHIE OIL, Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed May 8, 1986.

Attorney(s) appearing for the Case

Spencer L. Depew, of Depew and Gillen, of Wichita, for appellant.

Galen E. Biery, of Topeka, for appellee.

Before MEYER, P.J., CHARLES J. SELL, District Judge, assigned, and BARRY A. BENNINGTON, District Judge, assigned.

SELL, J.:

The defendant, Charles S. Ritchie, d/b/a Charles S. Ritchie Oil, appeals a permanent injunction issued in favor of Kansas Power and Light Company (KP&L).

In 1980, KP&L obtained a permanent easement upon real estate owned by Harold and Mary Boren through eminent domain proceedings in Greenwood County, Kansas. In that proceeding, the appraisers' report provided in part:

"The appraisers further report that the rights to be acquired...

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