VANDEGRIFT v. CITY OF WICHITA

No. 39,324

176 Kan. 141 (1954)

269 P.2d 477

MARY HUDSON VANDEGRIFT, Appellant, v. CITY OF WICHITA, WALT KEELER, L.A. DONNELL, W.C. SALOME, JR., H.D. LESTER, CLAUDE M. DeVORSS, C.C. ELLIS, E.N. SMITH, Appellees.

Supreme Court of Kansas.

Opinion filed April 10, 1954.


Attorney(s) appearing for the Case

George Stallwitz, of Wichita, argued the cause, and W.F. Lilleston, George C. Spradling, Henry V. Gott, Ralph M. Hope and Robert J. Hill, all of Wichita, were with him on the briefs for the appellant.

Paul J. Donaldson, of Wichita, argued the cause, and Fred W. Aley, Douglas E. Shay and Kenneth P. Stewart, all of Wichita, were with him on the briefs for the appellees.


The opinion of the court was delivered by

PRICE, J.:

This was an action to enjoin the collection of an alleged illegal special assessment against plaintiff's land. The appeal is from an order overruling plaintiff's motion for judgment on the pleadings.

The city of Wichita, under authority of G.S. 1949, 26-201, condemned a thirty-foot strip of plaintiff's property for street widening purposes. The commissioners...

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