southern star court cases

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The easement simply states that Southern Star is granted a right-of-way on the property sufficient to operate and maintain its pipeline, together with all rights necessary for the convenient enjoyment of this privilege. General Building Contr., LLC v. Board of Shawnee County Comm'rs, 275 Kan. 525, 541, 66 P.3d 873 (2003). Southern Star also claims the district court erred when it found the garage was not an unreasonable interference with the easement. Accordingly, the district court did not err in failing to define Southern Star's easement as encompassing 33 feet on each side of the pipeline. She claimed Cooper had engaged in a “consistent and extended course of attacking and maligning” her through public comments, quotes in the media and media outlets.She claims he continued to wage a campaign of verbally abusing, defaming and taking other actions to harm her and her reputation. to our mailing list for the latest news and sport: You have successfully been subscribed to SouthernStar newsletter! He indicated it would only take an additional 30 minutes to move all the dirt off to one side of the garage. The court held the plaintiff was entitled to a mandatory injunction requiring the removal of the carports because the right-of-way easement between the parties covered a specific width, length, and location and the carports were wrongfully constructed on the easement. denied 275 Kan. 963 (2003) (quoting Hill v. Farm Bur. Prod. Instagram FREE SHIPPING on Riker, Wood, and Aluminum Display Cases. Gordon Cunning testified that it would cost about $20,000 to move or rebuild the garage including the concrete foundation. Insp Aidan Moynihan said there was no objection to bail provided certain conditions were adhered to and bail was granted by Judge King. Defendant offers tours of Charleston under various names, consistently using video clips, images, and text to imply Ms. Altschul’s endorsement of Defendant and his services. Southern Star relies on Mid-American Pipeline Co. v. Wietharn, 246 Kan. 238, 250-51, 787 P.2d 716 (1990). According to court documents obtained by The Blast, 78-year-old Altschul has been ordered to appear in court to try and mediate her issues with Ray. Gary Hines, an engineer and Southern Star district manager, testified as an expert regarding industry standards for natural gas pipelines.

Altschul wanted an injunction against Ray prohibiting him from trashing her publicly. On cross-examination, Hines testified he was unsure if a backhoe could straddle the pipeline so close to the garage. Monday, 19 October 2020. Twitter Organized in courthouse or county databases, they contain information like Names of Defendants, Names of the Victim(s), Court Proceedings,Types of Charges,Convictionsand elaborate Sentencing details. These facts distinguish the present case from Wietharn, where the court ruled it was improper to balance equities. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Morrison, 275 Kan. at 775. . When a district court makes findings of fact and conclusions of law, an appellate court reviews the findings of fact to determine whether they are supported by substantial competent evidence and whether they are sufficient to support the district court's conclusions of law. Available online and in print.

In Wietharn, a pipeline easement covered a specific width and stated there could be no construction on the easement that interfered with the normal operation and maintenance of the pipelines. Also, Ronnebaum obtained a permit from the City of Leavenworth before he began construction of the garage. The garage was already constructed when the Cunnings purchased the property from Ronnebaum.

Altschul and Cooper were close friends for years and filmed many scenes for “Southern Charm”. The Kansas Supreme Court reversed and stated: "The law appears to be settled that where the width, length and location of an easement for ingress and egress have been expressly set forth in the instrument the easement is specific and definite. The hearing of charges against Ian Bailey have been further adjourned after a medical certificate was handed into court.

together with the right of ingress and egress at convenient points for such purposes; together with all rights necessary for the convenient enjoyment of the privileges herein granted." Where there has been no such objection, the district court is presumed to have found all facts necessary to support the judgment. Aladdin, 221 Kan. at 588. The parties do not dispute the fact that Southern Star holds a properly recorded pipeline easement across the property.

10 Pack of Riker Display Cases 6 x 8 x 2 for Collectibles Jewelry & More. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. He also had safety concerns about excavating the pipeline so close to the garage, especially under emergency situations. We disagree and affirm. to our mailing list for the latest news and sport: You have successfully been subscribed to SouthernStar newsletter! The district court weighed the evidence and found no material interference with the easement. In Kansas, the law is well settled that where the width, length, and location of an easement for ingress and egress have been expressly set forth in the instrument, the easement is specific and definite. “Southern Charm” star Patricia Altschul is set to face-off with her former costar K. Cooper Ray in court. Edward McClure, Jennifer Cunning's father, was also allowed to testify as an expert witness. Southern Star claims that once the district court determined the garage encroached on the easement, it was erroneous for the district court to weigh the inconvenience to Southern Star in working around the garage with the cost to the Cunnings in moving the garage. In August 2003, he obtained a building permit to construct an oversized two-car garage on the property. 778-79). K. Cooper Ray fired back at the lawsuit and denies all allegations of wrongdoing. The expressed terms of the grant or reservation are controlling in such case and considerations of what may be necessary or reasonable to a present use of the dominant estate are not controlling." Ms. Altschul is an influential and highly recognizable individual in Charleston and has expressly prohibited Defendant from using her image and likeness to promote Defendant’s tour.”, It continued, “As a result of Defendant’s multiple defamations and wrongful appropriation of Plaintiff’s personality, Plaintiff has suffered mental and emotional distress, damage to her reputation, and other special and consequential damages.”. Southern Star also claims the district court erred in finding the garage did not create an unreasonable interference with Southern Star's easement and in failing to require relocation of the garage due to safety concerns. and follow us on The district court examined the language of the easement and determined the easement's goal could be achieved with the garage in place.

Our extensive 100, 200 and 300 Series products offer you the perfect window and door solutions to enhance living spaces and lifestyle features that are unique to Australian home design Judge King granted free legal aid to the accused and remanded him on bail in his own bond of €500 with no cash required. The pipeline company filed a lawsuit seeking injunctive relief. for all the latest news and sport from West Cork. An appellate court does not weigh conflicting evidence, pass on credibility of witnesses, or redetermine questions of fact. This issue was significant because, had the call been made, Kansas One-Call would have notified Southern Star to mark its pipeline. Aluminum Showcase.Model 1170 opens on the end and is 34 x 22 x 3 1/4. Turning to Southern Star's specific contentions, Southern Star first claims the district court erred in failing to define the easement as encompassing 33 feet on each side of the pipeline. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions.

Dublin. Opinion filed May 18, 2007. Jackie Ryan was remanded on bail and the case was adjourned to April 2nd for sentencing. McClure also admitted that he had not completed the evaluation and qualification process required under federal regulations for excavating a natural gas pipeline. IN THE COURT OF APPEALS OF THE STATE OF KANSAS. Facebook

After hearing the evidence, the district court granted an injunction to halt construction of additional structures on the pipeline easement but refused to order the landowner to remove the buildings already constructed. [Citations omitted.] channel, like us on Subscribe to the Southern Star's Liability Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Where the findings are so supported, they will not be disturbed on appeal even though there may have been contrary evidence which, if believed, would have supported different findings. The district court declined to enforce the express provisions of the plaintiff's easement, but instead the district court granted the plaintiff reasonable access to the property without ordering that the carports be removed. Where there has been no such objection, the district court is presumed to have found all facts necessary to support the judgment. He testified that according to Southern Star's company policy, an easement width of 33 feet on each side of the pipeline is necessary for proper maintenance. The Cunnings own property in Leavenworth County, Kansas (the property). The garage was already constructed at that time, but it had no electricity.

Also, the landowner in Wietharn had been repeatedly warned by the pipeline company that he was violating the terms of the easement.

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