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BROWN v. CONOCOPHILLIPS PIPELINE CO.

No. 104,280.

271 P.3d 1269 (2012)

47 Kan. App. 2d 26

Lonzella BROWN, Appellee, v. CONOCOPHILLIPS PIPELINE COMPANY, Appellant.

Court of Appeals of Kansas.

February 28, 2012.

Attorney(s) appearing for the Case

Teresa J. James and Teresa L. Adams of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Overland Park, for appellant.

Teresa Bingham , of UAW-Ford Legal Services Plan, of Kansas City, for appellee.

Before STANDRIDGE, P.J., McANANY, J., and BRAZIL, S.J.

BRAZIL, J.

This appeal concerns the fate of a large oak tree on the property of Lonzella Brown. The appellant, ConocoPhillips Pipeline Company (Conoco), owns an easement giving it the right to "lay, maintain, operate, inspect and remove" its high-pressure gasoline pipeline which runs through Brown's property. The pipeline was laid in the 1960s, and since that time the tree has sprung up above the pipeline. In 2009, Conoco sought to cut down the tree on the basis that...

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