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SCHUCK v. RURAL TELEPHONE SERVICE CO., INC.

No. 98,098.

180 P.3d 571 (2008)

Lenus SCHUCK, Appellant, v. RURAL TELEPHONE SERVICE CO., INC., Appellee.

Supreme Court of Kansas.

April 4, 2008.

Attorney(s) appearing for the Case

Daniel C. Walter, of Ryan, Walter & McClymont, Chtd., of Norton, Kansas, argued the cause and was on the brief for appellant.

James M. Caplinger, Jr., of James M. Caplinger, Chartered, of Topeka argued the cause, and Karen L. Griffiths, LLP., of Sebelius & Griffiths, of Norton, was with him on the brief for appellee.

The opinion of the court was delivered by ROSEN, J.:

In this appeal from an eminent domain proceeding, Lenus Schuck seeks to enjoin Rural Telephone Service Company, Inc. (Rural Telephone) from obtaining an easement on his land. After mistakenly burying a telecommunication cable outside an easement that it had negotiated with Schuck, Rural Telephone filed a petition for eminent domain seeking an additional easement that would allow it to keep the cable in its present...

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