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DICK PROPERTIES v. PAUL H. BOWMAN TRUST

No. 101,573.

221 P.3d 618 (2010)

DICK PROPERTIES, LLC, Appellant, v. PAUL H. BOWMAN TRUST, and Louis D. Bowman, Successor Trustee, Appellees.

Court of Appeals of Kansas.

January 8, 2010.

Attorney(s) appearing for the Case

Edward C. Hageman, of Edward C. Hageman, P.A., of Stockton, for appellant.

Joseph W. Jeter, of Jeter Law Firm, LLP, of Hays, and Kimberly Wolf Renyer, of Quinter, for appellees.

Before HILL, P.J., CAPLINGER and LEBEN, JJ.

HILL, J.

This is a dispute between the owner of a tract of land and the owner of the mineral rights to that same tract. The landowner entered into a lease allowing a third party (the oil and gas lease operator) to dispose of saltwater deep beneath the surface of the real estate. The mineral rights owner objected, arguing anyone wishing to dispose of saltwater on the property must have the consent of both the landowner and the mineral rights owner. The district court...

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