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WOOD v. BOARD OF COUNTY COMMISSIONERS

No. 40,397

181 Kan. 76 (1957)

309 P.2d 671

J.K. WOOD, DONALD J. NEHL and MARY ELAINE NEHL, His Wife, JULIAN M. RILEY and IRENE W. RILEY, Husand and Wife, and JOHN LEONARD GERLE and MARY MARTHA GERLE, His Wife, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JOHNSON in the State of Kansas, Sitting as the Governing Body of Main Sewer District No. 1 in Mission Township, Johnson County, Kansas; GEORGE RUSSELL, MARTIN J. ZIEGLER, and L.R. PENNER, Members of the Board of County Commissioners of the County of Johnson in the State of Kansas; and LLOYD SQUIRES, County Clerk of the County of Johnson in the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed April 6, 1957.

Attorney(s) appearing for the Case

Elmer Hoge, of Overland Park, argued the cause and was on the briefs for the appellants.

Stewart D. Mitchelson, of Mission, argued the cause and A. J. Pflumm, of Mission, was with him on the briefs for the appellees.

The opinion of the court was delivered by

HALL, J.:

This is an appeal from the decision of the district court overruling a plaintiff land owner's application to enjoin the County Commissioners of Johnson County from spreading a special assessment on plaintiff's land for the cost of a lateral sewer district.

Plaintiff and appellant J.K. Wood was the owner of a three acre unplatted tract of land in Mission Township, Johnson County, Kansas. This land...

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