(Download) "Sebree v. Board of Shawnee County Comm'Rs" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Sebree v. Board of Shawnee County Comm'Rs
- Author : Supreme Court of Kansas
- Release Date : January 30, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The opinion of the court was delivered by Robert J. and Regina M. Sebree brought this action to quiet
title, to recover damages for trespass, and to obtain injunctive
relief. The district court granted summary judgment against the
Sebrees and ruled that although the Sebrees own the fee title to
the property in question, it is subject to Geraldine and Orville
Dreasher's right of access over the county-held right-of-way to
old U.S. Highway 40. The Sebrees appealed to the Court of
Appeals, which affirmed the district court. Sebree v. Board of
Shawnee County Comm'rs, 16 Kan. App. 2d 772, 829 P.2d 610 (1992).
We granted the Sebrees' petition for review. In 1870, the Kansas Legislature enacted a statute which
provided for several roads to be established throughout the
state, including a road from Lawrence to Topeka. This proposed
road cut diagonally across the Northwest Quarter of Section 4,
Township 12 S, Range 17 E, Shawnee County, owned by David G.
Jones, the Sebrees' predecessor in title. In 1880, Jones
petitioned the Shawnee County Commissioners to relocate the road
and offered to grant the county a 60-foot right-of-way on the
west
[251 Kan. 778]