Legal Opinion

Holmes v. Sprint United Telephone of Kansas

Court of Appeals of Kansas

Decided November 30, 2001No. 86,566PublishedCited by 2 opinions

1Opinion of the Court

Elliott, J.:

In this trespass action, Jack Holmes appeals the summary judgment in favor of Sprint United Telephone of Kansas (Sprint) and Elizabeth Killion.

We affirm.

At some time in the past, Sprint installed aerial cable in the alley adjacent to what is now Holmes’ property in the City of Melvern. In 1988, the City passed an ordinance (1988 ordinance) pertaining to the alley in question which included the following language: “That portion of the alley ... be vacated as provided by law. Land reverting equally back to owners on each side. The City of Melvern to retain exclusive rights to…

2Cases cited5 opinions

  1. Hamilton v. State Farm Fire & Casualty Co.Supreme Court of Kansas · 1998
  2. Bergstrom v. NoahSupreme Court of Kansas · 1999
  3. First Financial Insurance v. BuggSupreme Court of Kansas · 1998
  4. Spears v. Kansas City Power & Light Co.Supreme Court of Kansas · 1969
  5. United Tel. Co. of Kansas v. City of Hill CitySupreme Court of Kansas · 1995

3Cited by2 opinions

  1. Attorney General Opinion No., Kansas Attorney General Reports2003
  2. Carrasco v. Udall, Kansas, City ofDistrict Court, D. Kansas · 2022

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