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

No. 90,317.

278 Kan. 166 (2004)

91 P.3d 1194

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

Supreme Court of Kansas.

Opinion filed June 25, 2004.

Attorney(s) appearing for the Case

Teresa L. Sittenauer, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, argued the cause, and David R. Cooper, of the same firm, was with her on the briefs for appellant U.S.D. No. 222.

Jason E. Brinegar, of Galloway, Wiegers & Heeney, P.A., of Marysville, argued the cause and was on the briefs for appellees Gary and Danielle Stone.

The opinion of the court was delivered by

DAVIS, J.

Burlington Northern Railroad Company (railroad) conveyed property to U.S.D. No. 222 (school district). The adjacent landowners Gary and Danielle Stone (Stones) were granted partial summary judgment based upon the trial court's ruling that the land reverted to the Stones when its use for a right-of-way was abandoned. The trial court concluded that notwithstanding the railroad's fee simple interest by original...

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