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BOARD OF RENO COUNTY COMM'RS v. ASSET MGMT. & MARKETING L.L.C.

No. 83,796.

28 Kan. App.2d 501 (2001)

18 P.3d 286

BOARD OF COUNTY COMMISSIONERS OF RENO COUNTY, KANSAS, ACTING AS THE GOVERNING BODY OF RENO COUNTY WATER DISTRICT No. 8, Appellee, v. ASSET MANAGEMENT AND MARKETING L.L.C. and RICHARD DOWNEY, Appellants. DWIGHT ENGELLAND, PATRICIA ENGELLAND, JIMMIE D. PITZER, JR., A.L. YOUNG, AND ALL PERSONS SIMILARLY SITUATED, Defendants.

Court of Appeals of Kansas.

Opinion filed January 26, 2001.

Attorney(s) appearing for the Case

John A. O'Leary and Todd W. Davidson, of Hampton & Royce, L.C., of Salina, for appellants.

Joseph O'Sullivan, Reno County Counselor, of Leslie, O'Sullivan, McCarville & Brown, of Hutchinson, for appellee.

Before MARQUARDT, P.J., GREEN, J., and BUCHELE, S.J.

MARQUARDT, J.:

Asset Management and Marketing L.L.C. (Asset) and Richard Downey appeal the trial court's decision that allowed the Board of County Commissioners of Reno County, Kansas, (County) to violate Paganica Peaks No. 1 (Paganica) subdivision restrictive covenants and construct a water tower on one of the lots in the subdivision. We affirm.

The Paganica subdivision was created in 1977. In 1979, Reno County Water District No. 8 was established with a...

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