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BUTLER COUNTY R.W.D. NO. 8 v. YATES

No. 87,548

275 Kan. 291 (2003)

64 P.3d 357

BUTLER COUNTY RURAL WATER DISTRICT NO. 8, Appellee, v. DAVID M. YATES and ELIZABETH M. YATES, Appellants.

Supreme Court of Kansas

Opinion filed March 7, 2003.

Attorney(s) appearing for the Case

Bradley A. Stout, of Thompson Stout & Goering, LLC, of Wichita, argued the cause and was on the brief for appellants.

Ray L. Connell, of Connell & Connell, of El Dorado, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

KNUDSON, J.:

In this condemnation proceeding, the jury awarded the landowners, David M. Yates and Elizabeth M. Yates, $5,000 for the partial taking of their right to enforce a restrictive use covenant against the condemnor, Butler County Rural Water District No. 8 (Water District). The Yates contend that the district court erred in allowing expert witnesses to testify that...

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