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ADMIRE BANK & TRUST v. CITY OF EMPORIA

No. 66,655

250 Kan. 688 (1992)

829 P.2d 578

ADMIRE BANK & TRUST, Appellant, v. CITY OF EMPORIA, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 10, 1992.

Attorney(s) appearing for the Case

Mark E. Jones, of Polsinelli, White, Vardeman & Shalton, of Overland Park, argued the cause and was on the briefs for appellant.

Dale W. Bell, of Helbert, Bell & Smith, Chartered, of Emporia, argued the cause, and James R. Campbell, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This dispute arises out of a party wall demolition. The parties do not discuss whether there was or is a party wall agreement or a right by prescription.

The trial court granted judgment on the pleadings in favor of the defendant, City of Emporia (City), and against the plaintiff, Admire Bank & Trust (Bank). Judgment was granted on the basis that the statute of limitations had run.

The...

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