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BROWNBACK v. DOE

No. 102,355.

241 P.3d 1023 (2010)

John BROWNBACK, Appellee, v. John/Jane DOE, Trustee of the Thomas M. Gilkison Trust, Dated December 13, 1980; and Richard Wilson and Mary Wilson, Appellants, and The Board of County Commissioners of Linn County, Kansas, Appellee.

Court of Appeals of Kansas.

November 12, 2010.

Attorney(s) appearing for the Case

Michael W. Blanton , of Leawood, and Nathan C. Harbur , of Nathan C. Harbur , Chartered, of Leawood, for appellants.

Blake Hudson , of Hudson & Mullies, L.L.C., of Fort Scott, for appellee John Brownback.

Gary E. Thompson , of Mound City, for appellee Board of Linn County Commissioners.

Before PIERRON, P.J., GREEN and MARQUARDT, JJ.

MARQUARDT, J.

John/Jane Doe, Trustee of the Thomas M. Gilkison Trust (Trust), dated December 13, 1980, Richard Wilson, and Mary Wilson appeal the district court's finding that a public road existed by prescriptive easement on property owned by the Trust. We reverse.

In October 2006, John Brownback acquired 172 acres of land in Linn County, Kansas. Several months later, Brownback sold 142 acres of the northern portion of his land and retained the remaining...

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