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SEBREE v. BOARD OF SHAWNEE COUNTY COMM'RS

No. 66,968

251 Kan. 776 (1992)

840 P.2d 1125

ROBERT J. and REGINA M. SEBREE, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE; ORVILLE DREASHER, JR.; GERALDINE DREASHER; ED SOUTHALL; and STATE OF KANSAS DEPARTMENT OF TRANSPORTATION, Appellees.

Supreme Court of Kansas.

Opinion filed October 30, 1992.

Attorney(s) appearing for the Case

Stephen P. Weir, of Carpenter, Weir & Myers, Chtd., of Topeka, argued the cause, and Mary D. Feighny, of the same firm, was with him on the briefs for appellants.

Jeffrey A. Chanay, of Entz & Chanay, of Topeka, argued the cause, and Michael D. Strong, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

HERD, J.:

Robert J. and Regina M. Sebree brought this action to quiet title, to recover damages for trespass, and to obtain injunctive relief. The district court granted summary judgment against the Sebrees and ruled that although the Sebrees own the fee title to the property in question, it is subject to Geraldine and Orville Dreasher's right of access over the county-held right-of-way to old U.S. Highway 40. The...

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