PREMIER BANK v. J.D. HOMES OF OLATHE, INC.

No. 87,560.

30 Kan. App.2d 898 (2002)

50 P.3d 517

PREMIER BANK, A KANSAS BANKING CORPORATION, Plaintiff/Appellee, v. J. D. HOMES OF OLATHE, INC., et al., Defendants, and RAINTREE HOMES ASSOCIATION, INC., Defendant/Appellant.

Court of Appeals of Kansas.

Opinion filed July 26, 2002.


Attorney(s) appearing for the Case

John Anderson, Jr., of Leawood, for appellant.

O. P. Peterson, Jr., and Joanne B. Stutz, of Evans & Mullinix, P.A., of Shawnee, for appellee.

Before MARQUARDT, P.J., ELLIOTT and GERNON, JJ.


GERNON, J.:

Raintree Homes Association, Inc., (Raintree) appeals the decision of the district court in a mortgage foreclosure case concerning real property on which a nuisance had been found to exist. We affirm.

In December 1999, Raintree, a not-for-profit home association in Olathe, Kansas, filed a petition against J. D. Homes, Inc., (J. D. Homes) and Premier Bank (Premier), alleging, inter alia, that...

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