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SOUTHERN STAR CENT. GAS PIPELINE, INC. v. CUNNING

No. 96,103.

157 P.3d 1120 (2007)

SOUTHERN STAR CENTRAL GAS PIPELINE, INC., Appellant, v. Gordon and Jennifer CUNNING, Appellees, v. Michael Ronnebaum, Appellee.

Court of Appeals of Kansas.

May 18, 2007.

Attorney(s) appearing for the Case

Teresa J. James and Teresa L. Mah, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Overland Park, for appellant.

James P. Colgan, of Colgan Law Firm LLC, of Kansas City, and Gary A. Nelson, of Leavenworth, for appellees.

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

MALONE, J.

Southern Star Central Gas Pipeline, Inc. (Southern Star), appeals the district court's decision denying its petition for possession, ejectment, and trespass based upon an alleged encroachment on Southern Star's pipeline easement across land owned by Gordon and Jennifer Cunning. Southern Star claims the district court erred by not enforcing Southern Star's easement rights and by not requiring the Cunnings to remove a garage which had been built near the...

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