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KAPLAN v. BOARD OF JOHNSON COUNTY COMM'RS

No. 83,036.

269 Kan. 122 (2000)

3 P.3d 1270

ELLIOT M. KAPLAN and JEANNE T. KAPLAN, Appellants/Cross-appellees, v. BOARD OF COUNTY COMMISSIONERS, JOHNSON COUNTY, and MARSHALL A. PIECZENTKOWSKI and JANET N. PIECZENTKOWSKI, Appellees/Cross-appellants.

Supreme Court of Kansas.

Opinion filed April 21, 2000.

Attorney(s) appearing for the Case

Dee W. James, argued the cause for appellants/cross-appellees, and Elliot M. Kaplan and Jeanne T. Kaplan were on the brief pro se.

Cynthia C. Dunham, assistant county counselor, argued the cause and was on the brief for appellee/cross-appellant Board of County Commissioners of Johnson County.

Barry D. Martin, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause and was on the brief for appellees/cross-appellants Pieczentkowski.

The opinion of the court was delivered by

ABBOTT, J.:

This is a dispute between neighbors over fences. Appellants Elliot M. Kaplan and Jeanne T. Kaplan and appellees Marshall A. Pieczentkowski and Janet N. Pieczentkowski are owners of contiguous properties located in an unincorporated portion of Aubry Township in Johnson County, Kansas. The northern and eastern boundaries of the Kaplans' property border the Pieczentkowskis' property. The Kaplans own horses...

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