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PARMELEE v. ZIEGLER

No. 40,567

181 Kan. 703 (1957)

314 P.2d 340

ALFRED F. PARMELEE, Appellant, v. MARTIN ZIEGLER, LOU PENNER and GEORGE RUSSELL, as Board of County Commissioners of Johnson County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed July 31, 1957.

Attorney(s) appearing for the Case

Elmer B. Hodges, of Kansas City, Missouri, argued the cause, and James B. Pearson, of Mission, was with him on the briefs for the appellant.

Clark Kuppinger, Special Counsel, of Prairie Village, argued the cause, and John J. Gardner, county attorney, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This case stems from a decision of the Board of County Commissioners of Johnson County, Kansas, creating a road benefit district under the provisions of G.S. 1955 Supp., 68-731 (Chapter 302, Laws of 1955, Section 1). Pursuant to the provisions of G.S. 1949, 19-223, Alfred F. Parmelee appealed from such decision to the district court of the same county. There the cause was tried upon an agreed stipulation...

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