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HIJI v. CITY OF GARNETT

No. 64887.

804 P.2d 950 (1991)

248 Kan. 1

Tsugio HIJI, Frank Hiji, and Robert A. Hiji, d/b/a TFR Minerals, O.K. Johnson, Clarence Johnson, Gardner Finch, Gene Finch, and David F. Finch, Plaintiffs, v. The CITY OF GARNETT, Kansas, and Dale Lybarger, Claron G. Cole, Adell W. Brecheisen, Robert E. Boots, Michael Norman, and Garry Rommelfanger, as Members of the Garnett City Commission, Defendants.

Supreme Court of Kansas.

January 9, 1991.

Attorney(s) appearing for the Case

Randy P. Scheer, of Blackwell Sanders Matheny Weary & Lombardi, Kansas City, Mo., argued the cause, and William H. Sanders, Sr., of the same firm, and Terry J. Solander, of Loughridge & Solander, Garnett, were with him on the brief, for plaintiffs.

John L. Richeson, of Anderson, Byrd & Richeson, Ottawa, argued the cause, and James G. Flaherty, of the same firm, was with him on the brief, for defendants.

HOLMES, Judge:

This case arises from an inverse condemnation proceeding filed in the United States District Court for the District of Kansas. Chief Judge Earl E. O'Connor has certified two questions to the Supreme Court of Kansas for resolution pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq. The questions certified are:

"Is the three-year statute of limitations period, which is applicable to implied contract actions...

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