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STONE v. U.S.D. NO. 222

No. 90,317

31 Kan.App. 2d 1063 (2003)

77 P.3d 509

GARY STONE and DANIELLE STONE, Appellees, v. U.S.D. No. 222, Appellant, and GARY HADDAN, d/b/a HADDAN WRECKER & EXCAVATING, Appellee.

Court of Appeals of Kansas

Opinion filed October 10, 2003.

Attorney(s) appearing for the Case

Teresa L. Sittenauer and David R. Cooper, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, for the appellant.

Jason E. Brinegar, of Galloway, Wiegers & Heeney, P.A., of Marysville, for the appellees.

Before MALONE, P.J., PIERRON and GREEN, JJ.

PIERRON, J.:

In this interlocutory appeal, the parties dispute the ownership of land conveyed to a railroad by warranty deed and later conveyed from the railroad to Unified School District No. 222 (school district). The landowners of the land adjacent to the disputed property, Gary and Danielle Stone, argued successfully to the district court that they gained title to the land after it was abandoned by the railroad as a part of a functioning railroad. The school district...

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