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DIEHN v. PENNER

No. 37,842

169 Kan. 63 (1950)

216 P.2d 815

AUGUST F. DIEHN, Appellant, v. L.R. PENNER, GEORGE RUSSELL and M.J. ZIEGLER, Board of County Commissioners of Johnson County, Kansas, Mission Township Main Sewer District No. 1, Johnson County, Kansas, Appellees, THE JONES CONSTRUCTION COMPANY, a Corporation.

Supreme Court of Kansas.

Opinion filed April 8, 1950.

Attorney(s) appearing for the Case

Marion C. Miller, of Kansas City, argued the cause, and Edward A. Benson, Jr., of Kansas City, was with him on the briefs for the appellant.

Rolla W. Coleman, of Mission, argued the cause, and Raymond H. Carr, of Mission, and Frank L. Hagaman, of Kansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This is an injunction proceeding wherein the plaintiff seeks to restrain the board of county commissioners of Johnson county, acting as the governing board of Mission Township Main Sewer District No. 1 of such county, and the contractor employed by such board to construct the improvement herein involved from utilizing a strip of plaintiff's land in the construction of a permanent sewer on the ground the...

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