SPORTS CENTER, INC., v. CITY OF WICHITA

No. 39,295

176 Kan. 84 (1954)

269 P.2d 399

SPORTS CENTER, INC., Appellee, v. THE CITY OF WICHITA; RUSSELL JUMP, Mayor; WALT KEELER, Commissioner; L.A. DONNELL, Commissioner; FLOYD T. AMSDEN, Commissioner; W.C. SALOME, JR., Commissioner; and C.C. ELLIS, City Clerk of the City of Wichita, Appellants.

Supreme Court of Kansas.

Opinion filed April 10, 1954.


Attorney(s) appearing for the Case

Douglas E. Shay, of Wichita, argued the cause, and Fred W. Aley and Lawrence E. Curfman, both of Wichita, were with him on the brief for the appellants.

H.E. Jones, of Wichita, argued the case, and A.W. Hershberger, J.B. Patterson, Richard Jones, Wm. P. Thompson, and Jerome E. Jones, all of Wichita, were with him on the brief for the appellee.


The opinion of the court was delivered by

THIELE, J.:

This was an action to have an ordinance of the defendant city apportioning and assessing the costs of paving a street declared null and void insofar as it affected plaintiff's property and to enjoin the city clerk from certifying the assessment to the county clerk. The defendants answered. To this answer the plaintiff demurred; the demurrer was sustained and the defendants have appealed to this court from...

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