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REYNOLDS v. KANSAS DEPT. OF TRANSPORTATION

No. 83,944.

29 Kan. App.2d 695 (2001)

30 P.3d 1041

ARNOLD LEE REYNOLDS, Administrator for the Estate of Connie Reynolds, Deceased; ARNOLD LEE REYNOLDS, Individually; and RHONDA REYNOLDS, Appellees, v. KANSAS DEPARTMENT OF TRANSPORTATION, Appellant.

Court of Appeals of Kansas.

Opinion filed August 31, 2001.

Attorney(s) appearing for the Case

Vicky S. Johnson, staff attorney, and Michael B. Rees, chief counsel, of the Kansas Department of Transportation, for appellant.

Lon Walters, of The Walters Law Firm, LLC, of Kansas City, Missouri, and Julie Frickleton, of Leawood, for appellees.

Before PIERRON, P.J., MARQUARDT and BEIER, JJ.

MARQUARDT, J.:

The Kansas Department of Transportation (KDOT) appeals the trial court's refusal to grant its motion for summary judgment and motion for a directed verdict. We reverse.

Everett and Sylvia Jones leased approximately 40 acres on the west side of Highway 69 from the Van Kirks. Part of the property along Highway 69 contained a fence that was constructed by KDOT. The fence was built up and around the double box culvert on the Van Kirks' property...

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