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WICHITA TERMINAL v. F.Y.G. INVESTMENTS

No. 107,666.

305 P.3d 13 (2013)

WICHITA TERMINAL ASSOCIATION, Burlington Northern & Santa Fe Railway Company, and Union Pacific Railroad Company, Appellants, v. F.Y.G. INVESTMENTS, INC., and Treatco, Inc., Appellees.

Court of Appeals of Kansas.

As Modified July 2, 2013.

Attorney(s) appearing for the Case

Jeffrey R. King , of Lathrop & Gage LLP, of Overland Park, and K. Paul Day and Doug Dalgelish , of the same firm, of Kansas City, Missouri, for appellants.

James D. Oliver , of Foulston Siefkin LLP, of Overland Park, and Wyatt A. Hoch , of the same firm, of Wichita, for appellees.

Before PIERRON, P.J., BRUNS and POWELL, JJ.

BRUNS, J.

This is the third appeal in a dispute over access to real property. The Wichita Terminal Association, Burlington Northern & Santa Fe Railway Company, and Union Pacific Railroad (collectively WTA) own and operate railroad tracks in Wichita. F.Y.G. Investments, Inc., and Treatco, Inc. (collectively FYG) own real property adjacent to the WTA's tracks. In 2008, the WTA was ordered to provide access — by way...

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