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SMITH v. OLIVER HEIGHTS, LLC

No. 108,758.

311 P.3d 1139 (2013)

James and Sharon SMITH, Appellees, v. OLIVER HEIGHTS, LLC, Appellant, and Board of County Commissioners, Atchison County, Kansas, Appellee.

Court of Appeals of Kansas.

September 6, 2013.

Attorney(s) appearing for the Case

Charles T. Engel and Gage A. Rohlf , of Engel Law, P.A., of Topeka, for appellant.

John W. Fresh , of Larry R. Mears , Chartered, of Atchison, for appellees James and Sharon Smith.

Before BRUNS, P.J., HILL, J., and ERNEST L. JOHNSON, District Judge Retired, assigned.

BRUNS, J.

Oliver Heights, LLC entered into an installment contract for sale of real estate with James and Sharon Smith. Less than 2 years later, Oliver Heights filed for Chapter 11 bankruptcy, and a reorganization plan was confirmed by the bankruptcy court. Subsequently, the Smiths filed a foreclosure action in state court alleging that Oliver Heights defaulted under the terms of both the installment contract and the reorganization plan.

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