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ROSS v. NELSON

No. 125,274.

534 P.3d 634 (2023)

Rodney L. ROSS, et al., Appellees, v. Norman Terry NELSON, Stillwater Swine LLC, Husky Hogs, LLC, and NTN, L.P., Appellants.

Court of Appeals of Kansas.

Opinion filed August 25, 2023.

Attorney(s) appearing for the Case

Patrick B. Hughes , of Adams Jones Law Firm, P.A., of Wichita, for appellants.

Randall K. Rathbun and Braxton T. Moral , of Depew Gillen Rathbun & McInteer LC, of Wichita, for appellees.

Aaron M. Popelka , vice president of legal and governmental affairs, and Jackie Newland , associate counsel, of the Kansas Livestock Association, and Terry D. Holdren , general counsel, and Wendee D. Grady , assistant general counsel, of the Kansas Farm Bureau, amici curiae.

Before Warner, P.J., Coble and Pickering, JJ.

This case arises at the intersection of property rights, public roadways, and the Kansas Right to Farm Act. Norman Terry Nelson, who owns several farming operations in rural Norton County, installed about two miles of pipeline in the right-of-way next to a public road so he could transport liquified hog waste to fertilize his cropland...

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