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SHIPE v. PUBLIC WHOLESALE WATER SUPPLY DISTRICT 25

No. 100,556.

210 P.3d 105 (2009)

Gregory A. SHIPE and Charlee G. (Glinka) Shipe, Appellants, v. PUBLIC WHOLESALE WATER SUPPLY DISTRICT NO. 25, a Quasi-municipal Corporation, Appellees.

Supreme Court of Kansas.

June 26, 2009.

Attorney(s) appearing for the Case

Bradley R. Finkeldei, of Stevens & Brand, L.L.P., of Lawrence, argued the cause, and Burke W. Griggs, of the same firm, was with him on the briefs for appellants.

Gary H. Hanson, of Stumbo Hanson, L.L.P., of Topeka, argued the cause, and Todd A. Luckman, of the same firm, was with him on the brief for appellee.

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

This appeal raises two questions. First, do landowners who do not hold rights to the water appurtenant to their land have standing to enjoin a water district that is seeking a temporary easement to drill test wells on the landowners' property? Second, when only a temporary easement is being sought, has the landowner presented a ripe case or controversy regarding the question of whether a water district can condemn...

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