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RURAL WATER DIST. # 2 v. CITY OF LOUISBURG

No. 100,332.

207 P.3d 1055 (2009)

RURAL WATER DISTRICT # 2, MIAMI COUNTY, Kansas, Appellant, v. The CITY OF LOUISBURG, Kansas, Appellee.

Supreme Court of Kansas.

May 29, 2009.

Attorney(s) appearing for the Case

Carl W. Hartley, of Carl W. Hartley, L.L.C., of Paola, argued the cause, and Gary H. Hanson, of Stumbo, Hanson, L.L.P., of Topeka, and Todd A. Luckman, of the same firm, were with him on the brief for appellant.

Timothy P. Orrick, of Foth & Orrick, L.L.P., of Overland Park, argued the cause, and Jason B. Prier, Renee M. Gurney, and Anthony J. Orrick, of the same firm, were with him on the brief for appellee.

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

Rural Water District # 2, Miami County, Kansas, appeals the district court's decision affirming an appraisers' award of $133,200 for territory annexed by the City of Louisburg. We discern five potential questions raised by this appeal: (1) Were the appraisers and the district judge required as a matter of law to consider or award going concern value in arriving at the award amount? (2) What was the appropriate procedure...

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