Winkel v. Miller

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 strip near Winkel’s farmstead. Two prior actions were appealed to the Kansas Court of Appeals. See Winkel v. Kansas Dept. of Transp.,…