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GAUGER v. STATE

No. 65,384

249 Kan. 86 (1991)

815 P.2d 501

WILLIAM GAUGER, Appellant, v. STATE OF KANSAS, STEVEN J. DAVIES, Secretary of Corrections of the State of Kansas, and RAY ROBERTS, Director of the Kansas State Penitentiary, Lansing, Appellees.

Supreme Court of Kansas.

Opinion filed July 12, 1991.

Attorney(s) appearing for the Case

Blaise R. Plummer, of Carson & Fields, of Overland Park, argued the cause and was on the brief for appellant.

Linden G. Appel, special assistant attorney general, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

ABBOTT, J.:

William Gauger brought what amounts to an inverse condemnation action against the State of Kansas. Gauger claims title to a strip of land 100 feet in width and 2,673 feet in length, comprising 6.13 acres, which is bounded on three sides (100 feet abuts a public road) by land owned by the State of Kansas and used by the Kansas State Penitentiary (KSP).

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