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LABARGE v. CITY OF CONCORDIA

No. 74,371.

23 Kan. App.2d 8 (1996)

927 P.2d 487

ROBERT E. LABARGE and VEEDA J. LABARGE, Appellants, v. CITY OF CONCORDIA, KANSAS, and BOARD OF COUNTY COMMISSIONERS OF CLOUD COUNTY, KANSAS, Appellees.

Court of Appeals of Kansas.

Opinion filed November 8, 1996.

Attorney(s) appearing for the Case

Glenn H. Griffeth, of Topeka, for the appellants.

David E. Retter, of Vernon, Retter & Long, of Concordia, for appellee City of Concordia.

Robert A. Walsh, county attorney, for appellee Board of Cloud County Commissioners.

Before LEWIS, P.J., GERNON, J., and DAVID W. KENNEDY, District Judge, assigned.

LEWIS, J.:

This is the third lawsuit spawned by a protracted and acrimonious dispute between the plaintiffs and the City of Concordia (City). The dispute involves a tract of real estate 189.7 feet long by 25 feet wide. The plaintiffs claim they are the owners of what we will refer to as "the disputed tract." The City denies any claim of ownership in the tract. Despite this fact, there are certain public records which state that the City is the owner of the disputed...

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