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BOARD OF OSBORNE COUNTY COMM'RS v. KULICH

No. 62,907

245 Kan. 107 (1989)

774 P.2d 980

BOARD OF COUNTY COMMISSIONERS OF OSBORNE COUNTY, KANSAS, Appellee, v. ARCHIE L. and EDNA L. KULICH, Appellants.

Supreme Court of Kansas.

Opinion filed May 26, 1989.

Attorney(s) appearing for the Case

Ron Svaty, of Svaty, Sherman & Hoffman, of Ellsworth, argued the cause and was on the brief for the appellants.

Vernon L. Steerman, county attorney, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, C.J.:

This action for the condemnation of approximately 1.36 acres of land was commenced by the Board of County Commissioners of Osborne County in the district court of that county, pursuant to the Eminent Domain Procedure Act, K.S.A. 26-501 et seq. The action was dismissed without prejudice on motion of the landowners. Later, claiming that the Board abandoned the action, the landowners moved for an...

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