Events
ne chapter ksls
presents
2024 March seminar
ROBERT J. DOLE HALL
WASHBURN UNIVERSITY SCHOOL OF LAW
2073 SW Washburn Terrace E, Topeka, KS 66604
Friday March 15th, 2024
MOck trial, 8PDH
HOBERT VS ROGERS
Plaintiff Hobert was granted a right of way easement by virtue of a 2010 Stipulated Order of the Kansas State Supreme Court in order to access his lots 19 through 22 in Mohawk Lake Subdivision. The easement is over Daniel Vincent’s 200 acres which completely surrounds Mohawk Lake and Mohawk Lake Subdivision.
Defendant Rogers believes, based on where his surveyor
(Foster) surveyed the back line of his Lots 23 and 24, that the drive Hobert has been using is actually across the back of his (Rogers’) lots, and not within Vincent’s 200 acres.
To the contrary, Hobert’s surveyor (Meyers) believes that the back lot lines are some 30 to 40 feet northeast and closer to the lake than where surveyor Foster set the line. Therefore, Hobert claims his drive is not on Rogers’ property, but rather within Vincent’s 200 acres, as it is supposed to be. He is claiming that Rogers has been interfering with his use of his easement and drive. Both surveyors provided seemingly credible justification for their resolution of the lot lines.
Two attorneys and a judge will participate with the audience sitting in as jury as the plaintiff, defendant and the two surveyors testify, and we explore the chains of title, conflicting plats and surveys of the Mohawk Lake Subdivision lots and the related boundary law principles.
As an integral part of the trial, questions will be taken from the audience. In addition, the judge will discuss the process and procedures in such a case and the attorneys will offer guidance and suggestions to those who would testify as expert witnesses.
featuring Gary R, Kent, PS - Speaker
Gary Kent is a Professional Surveyor with Schneider Geomatics in Indianapolis. After 37 years, he transitioned to part-time in 2020 and formed Meridian Land Consulting to provide training, consulting and expert witness services. Gary was chair of the ALTA/NSPS Workgroup responsible for the ALTA/NSPS Standards from 1995 to 2021. He has presented programs on boundaries, standards, risk management, safety, easements, leadership, and other topics multiple times in all 50 states. Gary has served on the Indiana State Board of Registration for Professional Surveyors since 2004 and is a past-president of both ACSM and the Indiana Society of Professional Land Surveyors.
Mark Braun, JD - Retired District Judge
Mark Braun became a judge in 2006 and serves in Division 15 of the 3rd Judicial District, which is composed of Shawnee County. Braun graduated from Washburn University School of Law in 1986. He worked 20 years as a lawyer in public service: as an assistant county attorney in Reno County; an assistant attorney general in the consumer protection and litigation divisions under Attorneys General Robert Stephan and Carla Stovall; an attorney for Kansas Securities Commissioner Chris Biggs; and as director of the Kansas Department of Administration’s Office of Administrative Hearings. Braun also was an adjunct professor in Washburn's criminal justice and legal studies program for 25 years. He served three terms on the Topeka Public Schools board of education. Braun graduated from Lawrence High School in 1973, and he attended the University of Kansas. After working in business, Braun graduated from Pittsburg State University in 1983.
Nicole Turner, JD - Attorney at Law
Nicole Turner is an Assistant Attorney General for the Office of the Kansas Attorney General Kris W. Kobach. In her role, she serves as general counsel for multiple state agencies, boards, and commissions. Nicole graduated from Washburn University School of Law in 2019. Since graduation, she has worked as an attorney for the Kansas Insurance Department, Prairie Band Potawatomi Nation, and DeVaughn James Injury Lawyers. She also has experience working with the Kansas Legislature having worked in the legislature during her undergraduate and law school years.
Andrew Wiederholt, JD - Attorney at Law
Andrew Wiederholt is an attorney at Foulston Siefkin, LLP in the firm’s Topeka office where he practices construction and engineering law. He received his J.D. from Washburn University School of Law and holds undergraduate degrees from Kansas State University (Civil Engineering) and Bethel College (Physics). Andrew is a licensed Professional Engineer in Kansas and, prior to law school, worked as a senior project engineer for Bartlett & West, Inc.’s Transportation Group focused on public infrastructure design and construction projects.
SCHEDULE
Friday, March 15th, 2024
7:30 am - 8:00 am Check in & continental breakfast
8:00 am - 12:00 pm Mock Trial - Hobert vs Rogers
(with break)
12:00 pm - 1:00 pm Catered lunch
1:00 pm - 5:00 pm Mock Trial - Hobert vs Rogers
(with break)
ROBERT J. DOLE HALL
WASHBURN UNIVERSITY school of law
2073 SW Washburn Terrace E., Topeka, KS 66604
