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SCHWARTZ v. KUNZE

No. 85,105.

29 Kan. App.2d 21 (2001)

22 P.3d 618

JERRY SCHWARTZ, Appellee, v. HAL JARVIS KUNZE and DELORES KUNZE, Husband and Wife, and DARCY D. KUNZE, Appellants.

Court of Appeals of Kansas.

Opinion filed May 4, 2001.

Attorney(s) appearing for the Case

Mark Edwards of Hoover, Schermerhorn, Edwards, Pinaire & Rombold, of Junction City, for the appellants.

William M. Malcolm, of Oberg and Malcolm, of Clay Center, for the appellee.

Before RULON, C.J., PIERRON, J., and ROGG, S.J.

PIERRON, J.:

In the case before us, Hal Jarvis Kunze, Delores Kunze, and Darcy D. Kunze appeal the judgment of the trial court against them for the cost of repairs to a partition fence and the award of attorney fees.

Jerry Schwartz owns a parcel of land and the Kunzes own the adjoining parcel to the east. A partition fence running south to north divides the two properties. Fancy Creek runs west to east through the properties and under the partition fence....

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