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DINGES v. BOARD OF COUNTY COMMISSIONERS

No. 39,851

179 Kan. 35 (1956)

292 P.2d 706

HAROLD R. DINGES, JR., et al, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, and THE CITY OF FAIRWAY, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed January 28, 1956.

Attorney(s) appearing for the Case

Herbert L. Lodge, of Olathe, argued the cause, and Howard E. Payne, of Olathe, and Philip I. Levi, and Solbert M. Wasserstrom, both of Kansas City, Missouri, were with him on the briefs for the appellants.

James R. Hoover, of Prairie Village, argued the cause, and James H. Bradley, Johnson county attorney, was with him on the briefs for appellee Board of County Commissioners of Johnson County, Kansas.

James B. Pearson, of Olathe, argued the cause, and John R. Keach, of Mission, was with him on the briefs for appellee City of Fairway, Kansas.

The opinion of the court was delivered by

THIELE, J.:

This appeal arises from the refusal of the trial court to enjoin a road improvement project.

The action was commenced on November 18, 1953, the sole defendant being the board of county commissioners. In their petition the plaintiffs alleged the status of all parties and that on September 16, 1952, the defendant attempted by resolution to create a certain road benefit district upon a petition filed...

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