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BUNGE MILLING, INC. v. CITY OF ATCHISON

No. 108,481.

310 P.3d 1064 (2013)

BUNGE MILLING, INC., Appellee, v. CITY OF ATCHISON, Kansas, Appellant.

Court of Appeals of Kansas.

August 23, 2013.

Attorney(s) appearing for the Case

Patrick E. Henderson , of Henderson Law Office, of Atchison, for appellant.

Richard V. Eckert , of Topeka, and Quentin E. Kurtz , of Stumbo Hanson, LLP, of Topeka, for appellee.

Before HILL, P.J., POWELL, J., and HEBERT, S.J.

POWELL, J.

The City of Atchison (City) appeals the district court's decision setting aside its ordinance establishing the annexation of Bunge Milling, Inc.'s (Bunge) property under K.S.A. 12-520(a)(1). The City argues Midland Surveying (Midland) acted as Bunge's agent when Midland filed a boundary survey of Bunge's property with the register of deeds. As the City would only have had the authority to annex Bunge's property if the owners had filed the survey...

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