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DALLINGA v. CENTER TOWNSHIP

No. 70,325

19 Kan. App. 2d 482 (1994)

871 P.2d 1293

DAVID DALLINGA and CATHY DALLINGA, Appellants, v. CENTER TOWNSHIP and GARY R. YOCUM, AS TOWNSHIP TRUSTEE, Appellees.

Court of Appeals of Kansas.

Opinion filed April 8, 1994.

Attorney(s) appearing for the Case

David P. Calvert and Kenneth G. Gale, of Focht, Hughey & Calvert, of Wichita, for the appellants.

Eric K. Rucker and Mark A. Guilfoyle, of Herrington, for the appellees.

Before ROYSE, P.J., LEWIS and PIERRON, JJ.

PIERRON, J.:

David and Cathy Dallinga appeal the district court's decision that their appeal from a decision of the township trustee was untimely. They also appeal the trial court's decision that the trustee's decision was based on substantial evidence. No other issues are properly before us. We affirm in part and reverse in part.

K.S.A. 19-2504 and K.S.A. 19-2505 read in pertinent part as follows:

"[A]ll unused and abandoned wells, pits, mines or...

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