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CITY OF ARKANSAS CITY v. BRUTON

No. 94,893.

166 P.3d 992 (2007)

CITY OF ARKANSAS CITY, Kansas, a municipal corporation, Appellee, v. Ronald D. BRUTON and Rebecca A. Bruton, husband and wife, Appellants.

Supreme Court of Kansas.

September 7, 2007.

Attorney(s) appearing for the Case

Robert D. Wilson, of Law Offices of Wilson & Brewer, of Arkansas City, argued the cause and was on the brief, for appellants.

Alvin D. Herrington, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause, and Otis W. Morrow, of Arkansas City, was with him on the briefs, for appellee.

The opinion of the court was delivered by DAVIS, J.:

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 concerns the Brutons' counterclaims...

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