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CARLSON v. BURKHART

No. 84,653.

271 Kan. 856 (2001)

27 P.3d 27

In the Matter of the Condemnation of Land For State Highway Purposes, E. DEAN CARLSON, Secretary of Transportation of the State of Kansas, Appellee, v. MICHAEL L. BURKHART and KENT A. STEHLIK, Appellants.

Supreme Court of Kansas.

Opinion filed July 13, 2001.

Attorney(s) appearing for the Case

Phillip S. Mellor, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, argued the cause, and Stephen E. Robison and Lyndon W. Vix, of the same firm, were with him on the briefs for appellants.

Bradley A. Stout, of Triplett, Woolf & Garretson, LLC, of Wichita, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

ABBOTT, J.:

The appellants, Michael L. Burkhart and Kent A. Stehlik, appeal the district court's order that the county had acquired a portion of their land in Ford County, Kansas, by way of implied dedication.

For simplicity, the appellants will be referred to as landowners and the appellee, E. Dean Carlson, Secretary of Transportation of the State of Kansas, will be referred to as KDOT.

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