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SULLIVAN v. CITY OF ULYSSES

No. 75,721.

23 Kan. App.2d 502 (1997)

932 P.2d 456

DANIEL C. SULLIVAN, JR., Appellant, v. CITY OF ULYSSES, KANSAS, a Municipal Corporation; and DAVID L. POPE, Chief Engineer of the Division of Water Resources, Kansas State Board of Agriculture, Appellees.

Court of Appeals of Kansas.

Opinion filed February 14, 1997.

Attorney(s) appearing for the Case

Thomas M. Rhoads, of Wichita, Daniel C. Sullivan, of Sullivan & Hincks, of Oak Brook, Illinois, and Wayne R. Tate, of Kramer, Nordling, Nordling & Tate, of Hugoton, for appellant.

Leland E. Rolfs, of Kansas Division of Water Resources, of Topeka, for appellee David L. Pope.

Michael K. Ramsey, of Hope, Mills, Bolin, Collins & Ramsey, of Garden City, and Robert W. Coykendall, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, for appellee City of Ulysses.

Before BRAZIL, C.J., ELLIOTT and GERNON, JJ.

ELLIOTT, J.:

Daniel C. Sullivan, Jr., appeals the trial court's denial of his request for injunctive relief from a condemnation proceeding. The City of Ulysses (City) is attempting to condemn surface and water rights in Grant County for its municipal water supply.

We affirm.

In 1989, Maxie Coffey, who owned the property at the time, contracted with the City for the sale of water. The agreement did not provide for the transfer or lease of water rights...

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