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WINKEL v. MILLER

No. 99,768.

205 P.3d 688 (2009)

Karl P. WINKEL, Sr., and Karen S. Winkel, Trustees of the Karl P. Winkel, Sr. Trust No. 1, Dated July 1, 2004, et al., Appellants, v. Debra L. MILLER, Secretary of Transportation of the State of Kansas, Appellee.

Supreme Court of Kansas.

March 27, 2009.

Attorney(s) appearing for the Case

David P. Troup, of Weary Davis, L.C., of Junction City, argued the cause and was on the brief for appellants.

Gelene Savage, of the Kansas Department of Transportation, argued the cause, and Vicky S. Johnson, of the same department, was with her on the brief for appellee.

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

Karl P. Winkel, Sr., and Karen S. Winkel, Trustees of the Karl P. Winkel, Sr., Trust No. 1, dated July 1, 2004, (Winkel) appeal the summary judgment granted to Debra L. Miller, Secretary of Transportation of the State of Kansas (KDOT), on a petition for injunctive relief and damages. This appeal is a continuation of Winkel's persistent efforts, commencing in 1994, to stop KDOT's operation of an asphalt mixing...

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