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BOARD OF SEWARD COUNTY COMM'RS v. NAVARRO

No. 94,598

35 Kan.App. 2d 744 (2006)

SEWARD COUNTY, BY THE SEWARD COUNTY BOARD OF COMMISSIONERS, Appellant, v. OSCAR NAVARRO, VICTOR NAVARRO, and CATARINO HERNANDEZ, Appellees.

Court of Appeals of Kansas.

Opinion filed May 19, 2006.

Attorney(s) appearing for the Case

Daniel H. Diepenbrock, of Miller & Diepenbrock, P.A., of Liberal, for appellant.

J. Gregory Swanson, of Swanson Law Office, of Liberal, for appellees.

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

MALONE, J.:

The Board of Seward County Commissioners (County) appeals the district court's decision denying its petition to permanently enjoin Oscar Navarro, Victor Navarro, and Catarino Hernandez (Navarros) from operating a horse training facility on their property in Seward County. The County claims the district court erred in determining the Navarros' use of their property to train race horses constituted an agricultural...

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