Stark v. Mercantile Bank, N.A.

Beier, J.:

Plaintiffs-appellants appeal the district court’s decision to grant the defendant banks’ motions to dismiss. The district court ruled that plaintiffs’ claims were barred by the statute of repose. We affirm.

The parties appear to agree that plaintiffs Benjamin W. Stark, Allan Breed Stark, Mary Breed Brink, Barbara Chapman, Martha McCormick, Nancy Gee, Ruth Hanna, and Thomas Millar are beneficiaries of a trust 2 created in 1949 by J. Rolland Prentice Breed, who died in 1951. The assets held by the trust include a parcel of land located at 75th and Metcalf in Overland Park, Kansas.

Plaint…