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Kansas Real Property Law

Sharron and Gerald Jenkins received, by quitclaim deed, property that had previously been used by the Chicago, Kansas and Nebraska Railway Company, the predecessor of Chicago Pacific Corporation, (Chicago Pacific) as a railroad track
running through the town of Holton. Use of the property as a railroad track has long since been abandoned. Gerald is now deceased and Sharron filed a quiet title... More...
   $0 (02-10-2016 - KS)

In re Equalization Appeal of Kansas Star Casino

The Kansas Legislature enacted the Kansas Expanded Lottery Act (KELA), K.S.A. 74-8733 et seq., in 2007. KELA divided the state into four gaming zones: northeast, south central, southwest, and southeast, each of which would be allowed to have only a single gaming facility management contract. K.S.A. 2014 Supp. 74-8734(a), (d). Sedgwick County and Sumner County comprise the south central gaming zone... More...   $0 (11-20-2015 - KS)

CML-KS Blue Valley v. MJH Venture

Although most of the facts are largely not in dispute, this case involves a vast array of corporate entities, banks, courts, and financial instruments. We will limit the discussion here to the key facts necessary to a holding in this case. Because the transfers of various interests are not in dispute, we will refer only to the final successors in interest when describing the rights claimed by the ... More...   $0 (11-05-2015 - KS)

Oxy USA, Inc. v. Red Wing Oil

In January 1945, Frank Luther obtained the northeast quarter of a section of land in Haskell County (the northeast quarter), which was subject to an existing lease for the production of oil and gas. Shortly thereafter, in April 1945, Luther sold the 160-acre tract to E.W. Rahenkamp. In his deed to Rahenkamp, Luther reserved a one-half interest in the mineral rights for a period of 20 years "or as ... More...   $0 (11-04-2015 - KS)

Oxy USA, Inc. v. Red Wing Oil

In January 1945, Frank Luther obtained the northeast quarter of a section of land in Haskell County (the northeast quarter), which was subject to an existing lease for the production of oil and gas. Shortly thereafter, in April 1945, Luther sold the 160-acre tract to E.W. Rahenkamp. In his deed to Rahenkamp, Luther reserved a one-half interest in the mineral rights for a period of 20 years "or as ... More...   $0 (10-19-2015 - KS)

Wagner Interior Supply of Wichita, Inc. v. Dynamic Drywall, Inc

The underlying facts are undisputed and uncomplicated. In September of 2012, Wichita Hospitality Group, LLC entered into an agreement with Puetz Corporation ("Puetz") for Puetz, as general contractor, to design and construct a Holiday Inn Express & Suites Hotel ("the Hotel") in Wichita, Kansas. Puetz subcontracted a portion of the work to Dynamic Drywall, Inc. ("Dynamic"), and paid Dynamic $271,2... More...   $0 (10-04-2015 - KS)

In re: Tung Thanh Nguyen; Pamela S. Nguyen

Chapter 7 bankruptcy trustee Carl Davis appeals from a decision by the U.S.
Bankruptcy Court for the District of Kansas (Bankruptcy Court), which was affirmed
by the U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP). Davis sought to
avoid, as a fraudulent conveyance, debtor Tung Nguyen’s transfer to his sister of his
interest in a piece of real property. Both the Bankrup... More...
   $0 (04-13-2015 - KS)

Vehicle Market Research, Inc. v. Mitchell International, Inc.

This is a judicial estoppel case, which is controlled by two principles: our
reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party
asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in
support of its arguments.
The case involves statements made by plaintiff Vehicle Market Research, Inc.
(VMR) in a breach... More...
   $0 (09-17-2014 - KS)

Via Christi Medical Center, Inc. v. Ivan M. Reed

Ivan Reed received life-saving medical treatment at Via Christi Regional Medical Center, Inc. (Via Christi), after his car collided with a Union Pacific Railroad train. Via Christi filed a hospital lien under K.S.A. 65-406 et seq. to collect on its bill for the services provided Reed. The lien initially purported to encumber $84,744.11 of Reed's $540,000 settlement with Union Pacific; Via Christi ... More...   $0 (12-20-2013 - KS)

City of Wichita, Kansas v. Kenneth D. Denton

This is an eminent domain proceeding involving the City of Wichita's condemnation for highway purposes of a tract of land owned by Kenneth Denton and located on the northwest corner of the intersection of Kellogg and Rock Roads. Clear Channel Outdoor, Inc., leased from Denton approximately 500 square feet of the property for operation of a double-sided, tri-vision billboard. The tract was valued a... More...   $0 (01-04-2013 - KS)

Sierra Club v. Robert Moser

In this appeal, environmental organization Sierra Club seeks judicial review of the decision of the Secretary of the Kansas Department of Health and Environment (KDHE) to issue an air emission source construction permit to Sunflower Electric Power Corporation (Sunflower) for the construction of an 895-megawatt coal-fired power plant, referred to as Holcomb 2, at the site of Sunflower's existing pl... More...   $0 (11-12-2013 - KS)

Eric C. Rajala v. Robert H. Gardner

Plaintiff-Appellant Eric Rajala, Trustee of the bankruptcy estate of Generation Resources Holding Company, LLC (GRHC), appeals from the district court’s order granting motions to distribute (by Defendants-Appellees FreeStream Capital, LLC (FreeStream) and Lookout Windpower Holding Co., LLC (LWHC)) approximately $9 million held in escrow. This amount represents part of the purchase price of a win... More...   $0 (03-12-2013 - KS)

Donald R. Rucker v. Earl R. DeLay

This is a quiet title action challenging a claimed interest to oil and gas rights reserved in 1924 when the landowners sold the surface and mineral estate, but kept for themselves and their heirs what was described as a portion of the landowners' one-eighth interest in the oil, gas, or other minerals that might later be developed. The district court and Court of Appeals held that this reservation ... More...   $0 (10-25-2012 - KS)

Marvin Hansford v. Silver Lake Heights, LLC

Marvin Hansford was named and served as a defendant in a real property partition action in Shawnee County. Although he did not respond to the partition petition and failed to claim that he was the sole owner of any of the legally described property, he later sought to establish a claim to a portion of the partitioned land against its purchaser. The district court granted the purchaser's motion fo... More...   $0 (07-13-2012 - KS)

Mark Evenson v. Tim Lilley

On review of an opinion by the Court of Appeals, Mark and Janis Evenson challenge the calculation of damages, primarily to trees, resulting from a fire on their rural property. Although we disagree with the analysis employed by the district court and by the Court of Appeals, we agree with their ultimate conclusions and affirm. The Evensons purchased 160 acres of rural property in Greenwood County ... More...   $0 (08-17-2012 - kS)

Larry Hacker v. Sedgwick County, Kansas

The Sedgwick County, Kansas, Board of Zoning Appeals (Board) appeals the district court's decision vacating the Board's grant of three zoning variances to Norman and Leatha Hein related to their lawn care business operated from their rural home. The Board argues that Larry Hacker, Terry Hacker, Richard Gronniger, and Kansas Paving Company, who are the owners and lessees of real property adjacent t... More...   $0 (09-14-2012 - KS)

City of Neodesha, Kansas v. BP Corporation North America, Inc.

All persons and entities owning real property in and around the City of Neodesha, Kansas, brought a class action against the owners of a former oil refinery, alleging groundwater and subsurface soil contamination caused by the now dismantled facility. A jury found in the defendants' favor after a 17-week trial. But in posttrial proceedings, the district court decided it had made a mistake in submi... More...   $0 (08-30-2012 - KS)

William R. Davis v. City of Leawood

William Davis and Fern Stultz sued to enjoin the City of Leawood (Leawood) from imposing special assessments on their properties for the purpose of financing the improvement of State Line Road. On cross-motions for summary judgment, the district court granted the injunction on the ground that only city-at-large funds, not special assessments, may be used to improve a designated main trafficway, a... More...   $0 (04-21-1995 - KS)

Roger Zimmerman v. Board of County Commissioners of Wabaunsee County

This case involves a decision by the Board of County Commissioners of Wabaunsee County (Board) to amend its zoning regulations. Specifically, the Board permitted Small Wind Energy Conversion Systems (SWECS) but prohibited the placement of Commercial Wind Energy Conversion Systems (CWECS, i.e., commercial wind farms) in the county. Plaintiffs are owners of land in the county. They were later joined... More...   $0 (11-20-2011 - KS)

Schneider v. Liberty Asset Management.

. New roof and brand new central air. Has large closets in both bedrooms, formal dining room, kitchen also has room for dining, large living room, oversized, detached garage. Home is in great established neighborhood and located right across from a park."

Drake testified that he did not discuss the information to be put in the MLS statement with Boldea. Drake testified that he never saw the... More...
   $0 (05-27-2011 - KS)

State Highway Commission v. City of Topeka

The sole question presented is whether the city of Topeka, a municipal corporation, has authority to subject real property owned by the State Highway Commission to special assessment for public improvements.

The city of Topeka created a Storm Sewer District which included within its boundaries certain real property owned by the State Highway Commission, an agency of the state of Ka... More...
   $0 (07-14-1964 - KS)

Iowa Tribe of Kansas and Nebraska v. Kenneth Lee Salazar, et al.

This appeal is part of a long-running dispute over whether the Secretary of the Interior (the “Secretary”) properly took a small tract of land into trust on behalf of the Wyandotte Tribe of Oklahoma. Because the Secretary has already taken the land at issue into trust, sovereign immunity precludes the relief sought by plaintiffs. Consequently, we dismiss the appeal for want of jurisdiction.More...   $0 (06-07-2010 - KS)

Mark Evenson v. Tim Lilley

Mark and Janis Evenson appeal the district court's conclusion that damage by fire to outbuildings and trees by a negligently caused fire constituted permanent damage to their property and, therefore, the proper measure of damages was the diminution in the property's value rather than the cost of repairs or replacement.

The underlying facts of the case are not seriously in dispute. The Evens... More...
   $0 (04-08-2010 - KS)

John J. Gates v. Sprint Spectrum, L.P.

In this diversity action, John Gates alleges that the presence of Sprint Spectrum’s telecommunications equipment on his property constitutes a trespass. The district court granted summary judgment to Sprint on the basis that the alleged injury took place prior to Mr. Gates’s acquisition of the property and that, absent an assignment, a cause of action for trespass belongs only to the property ... More...   $0 (10-14-2009 - ks)

Grace Elaine Snider v. MidFirst Bank, et al.

Grace Elaine Snider (Snider), individually and as trustee of the Grace Elaine Snider Trust #1, appeals the district court's summary judgment against her on claims of conversion against MidFirst Bank and Safeguard Properties, Inc. She also appeals the district court's dismissal of defendant Donald L. Rolison on the same claims. On appeal, she argues the court erred in concluding that she was not th... More...   $0 (07-10-2009 - KS)

Douglas Buchanan v. Jerry W. Overley, et al.

This appeal raises issues regarding the validity of a mechanic's lien for services performed in the construction of a residence. The homeowners challenge the lien on the grounds that the form of the lien statement does not comply with the requirements of K.S.A. 60-1102(a) and it was not timely filed. Since resolution of this appeal turns on the adequacy of the mechanic's lien statement itself, we ... More...   $0 (03-14-2008 - KS)

Estate of Archie Kirkpatrick v. The City of Olathe, Kansas

The City of Olathe (the City) appeals the district court's judgment on a claim of inverse condemnation in favor of the Estate of Archie Kirkpatrick, arguing that its actions did not constitute a compensable taking of the Estate's property. We agree and reverse the district court.

Factual and Procedural Background

Archie Kirkpatrick owned and resided in property that sits on the northwe... More...   $0 (03-14-2008 - KS)

Kimberly B. Alderfer v. The Board of Trustees of the Edwards County Hospital and Healthcare Center

Kimberly Alderfer filed a civil rights complaint against her former employer, the Board of Trustees of Edwards County Hospital and Healthcare Center (the Board), alleging she was terminated in breach of her employment agreement and in violation of her due process rights. The district court granted the Board's motion for summary judgment, concluding the Board lacked the authority under Kansas ... More...   $0 (01-25-2008 - KS)

George G. Isely v. City of Wichita, Kansas

This is an inverse condemnation action brought by George R. Isely, as Trustee of the Mildred L. Isely Trust, et al. (Lessors), against the City of Wichita (City), regarding land owned by the Lessors and leased to Starr Holdings, L.L.C. (Lessee). The Lessors filed suit against the City seeking payment of just compensation as a result of the City's construction and maintenance of a roadway and ut... More...   $0 (01-28-2008 - KS)

City of Arkansas, Kansas v. Ronald D. Bruton and Rebecca A. Bruton

Ronald and Rebecca Bruton (the Brutons) own and reside upon a 5.4-acre plot of land that is located within the City of Arkansas City. Their property borders the Arkansas River and is subject to a 1935 easement granted to the City for flood protection. The City completed improvements to the existing dike on the Brutons' property. This appeal on our grant of the City's petition for review concern... More...   $0 (09-10-2007 - KS)

Debra L. Miller v. Glacier Development Co., L.L.C., et al.

In this appeal from an eminent domain proceeding, appellant Glacier Development Company, LLC (Glacier) challenges the jury's $800,000 award for the taking of its real property by the Kansas Department of Transportation (KDOT).

This appeal raises five questions: (1) Did the district court err in admitting evidence of the purchase prices of the subject parcels of land? (2) Did the district ... More...   $800000 (08-10-2007 - KS)

North Country Villas Homeowners Association, et al. v. Randy J. Kokenge, et al.

Nations Development Corporation (NDC) was the original developer of the North Country Villas subdivision, which consisted of single family homes and duplexes. In June and November 2005, NDC sold lots to Randy J. Kokenge and Lori A. Kokenge (the Kokenges) and Clampitt-Hersh Development, LLC (Clampitt-Hersh). In November 2005, NDC assigned its rights as declarant to the Kokenges and Clampitt-Hers... More...   $0 (08-10-2007 - KS)

Newman Memorial Hospital, d/b/a New Regional Health Center v. Walton Construction Company, et al.

This is Everton Oglesby Askew Architects' (EOAA) direct appeal from (1) the district court's ruling that Newman Memorial Hospital, d/b/a Newman Regional Health Center (Newman) was not subject to EOAA's statute of limitations defense because Newman was acting in a governmental and not a proprietary manner in building and leasing an office building to physicians at commercial rates; (2) rulings... More...   $0 (01-25-2007 - KS)

Audie Dragon and John Howard v. Vanguard Industries, Inc., et al.

In Dragon v. Vanguard Industries, Inc., 277 Kan. 776, 89 P.3d 908 (2004) (Dragon I), this court reversed a class certification order for plaintiffs seeking damages by reason of allegedly defective pipe manufactured by the defendants Vanguard Industries, Inc., et al. We remanded with directions for further findings concerning the prerequisites of class certification. The case is now before us ... More...   $0 (10-31-2006 - KS)

Shawnee Tribe, a federally recognized Indian Tribe, and Shawnee Tribe v. United States of America, et al.

The Sunflower Army Ammunition Plant ("Sunflower Property" or "Plant") is a 9,065-acre military installation located in rural Kansas between Lawrence and Kansas City. In the 1990s, the Army determined it no longer needed the Sunflower Property and requested that the General Services Administration ("GSA") dispose of it as "excess property." Federal law requires the GSA to transfer, without consi... More...   $0 (09-20-2005 - KS)

Lee Builders, Inc. v. Farm Bureau Mutual Insurance Company

Farm Bureau Mutual Insurance Company (Farm Bureau) appeals the district court's judgment of indemnity in favor of Lee Builders, Inc. (Builders) on an insurance coverage issue, contending that a commercial general liability policy provided no coverage for Builder's claim. Farm Bureau also appeals the district court's award to Builders of prejudgment interest under K.S.A. 16-201 and attorney fees... More...   $76000 (01-31-2005 - KS)

Regina G. Brewer v. Jenet Schalansky, et al.

This is a Medicaid eligibility case in which the Kansas Department of Social and Rehabilitation Services (SRS) denied the application for benefits filed by Joan Seiker Wilson for her aunt, Regina Brewer (petitioner/appellee). SRS found that Brewer had nonexempt available resources in excess of regulatory limits because she held stocks worth approximately $33,000 in joint tenancy with two nieces... More...   $0 (12-29-2004 - KS)

L.J. Stafford, a/k/a Jay Stafford v. Carol Jane Crane, Trustee of the L.J. Stafford Irrevocable Trust.

In September 1999, Plaintiff L.J. Stafford executed a durable power-of-attorney, naming his two sisters his lawful attorneys-in-fact. In April 2000, the sisters used the power-of-attorney to commit Mr. Stafford to a lock-down Alzheimer's unit and to create an irrevocable trust for Mr. Stafford. Defendant Carol Jane Crane, Mr. Stafford's niece, assumed the role of trustee. In September 2000, M... More...   $0 (09-03-2004 - KS)

Barbara Cunningham and Wanda Yandell v. Braum's Ice Cream and Dairy Stores

Plaintiffs Barbara Cunningham and Wanda Yandell ask us to reverse the district court's summary judgment in favor of defendant Braum's Ice Cream and Dairy Stores (Braum's) in this personal injury action. They sued Braum's after its employees shooed them out of the Parsons ice cream store and, as it turned out, into the path of a tornado. Cunningham and Yandell were injured while driving home, wh... More...   $0 (12-16-2003 - KS)

Stepanka Magstadtova v. Thomas Magstadt

Thomas Magstadt appeals from the district court's judgment ordering him to pay attorney fees and costs to Stepanka Magstadtova under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. 11601 et seq. (2000). We affirm.

On July 27, 2001, Stepanka filed a petition under the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), Oct. 25, 1980... More...   $0 (10-28-2003 - KS)

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