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LACEY v. CITY OF WICHITA

No. 40,212

180 Kan. 323 (1956)

304 P.2d 558

LUTHER E. LACEY et al., Appellees, v. CITY OF WICHITA, a Municipal Corporation and C.C. ELLIS, City Clerk of the City of Wichita, Appellants.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Robert B. Morton, and Eugene L. Pirtle, both of Wichita, argued the cause, and Fred W. Aley, and William P. Timmerman, both of Wichita, were with him on the briefs for the appellants.

Harold Irwin, of Wichita, argued the cause, and was on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to enjoin the clerk of the City of Wichita from certifying a special assessment for the cost of construction of a sanitary sewer. From a judgment in favor of the plaintiffs, defendants appeal.

The petition alleged, in pertinent part, that plaintiffs were property owners and taxpayers within the described benefit district, which area had...

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